None of us likes to think about a time when we might not be able to manage our own affairs. Whether through a sudden accident, a stroke, or the gradual onset of a long-term illness, losing the capacity to make decisions can happen to any of us, often far sooner than we expect.
It’s not just something that affects the elderly. It can affect anyone, at any age, at any time.
A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place to protect yourself and the people you love. Yet many people have never heard of one, or assume it’s something they can sort out later. This guide explains what an LPA is, why it matters, and what can go wrong if you don’t have one.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that lets you appoint one or more trusted people — known as attorneys — to make decisions on your behalf if you ever lose the mental capacity to do so yourself.
You must set one up while you still have capacity; you cannot do so after the fact. There are two types of LPA, and many people choose to make both:
Property and Financial Affairs LPA: This allows your attorney to manage your bank accounts, pay your bills, deal with your pension, and even sell your property on your behalf.
Health and Welfare LPA: This allows your attorney to make decisions about your medical care, where you live, your daily routine, and in some cases, life-sustaining treatment. This type can only be used once you have lost capacity.
What happens if you don’t have one?
This is the part that surprises most people. If you lose mental capacity without an LPA in place, your family (including your spouse or civil partner) has no automatic legal right to manage your affairs. Banks will typically freeze accounts, and your loved ones may be unable to pay bills, access savings, or make decisions about your care.
The only alternative is for a family member to apply to the Court of Protection for appointment as a deputy. This process is lengthy, costly, and stressful — often taking many months and involving significant legal fees. It is far better to plan ahead while you still can.
It’s not just for older people
One of the biggest misconceptions about LPAs is that they’re only relevant later in life. In reality, accidents and illness can affect people of any age. A serious car accident, a sudden stroke, or a diagnosis of a condition like multiple sclerosis can change everything overnight.
If you’re an adult, an LPA is relevant to you.
Money Saving Expert Martin Lewis, who has spoken publicly about the importance of LPAs, has had one in place himself for over a decade. His message is simple: don’t wait until you think you need it. Set one up now, while the process is straightforward.
Choosing the right attorney
Choosing who to appoint as your attorney is one of the most important decisions you’ll make when setting up an LPA. Your attorney should be someone you trust completely, a family member, a close friend, or a professional such as a solicitor. You can appoint more than one attorney and specify whether they must make decisions jointly or act independently.
You can also include instructions and preferences. For example, specifying that you would like to remain living at home for as long as possible, or setting out how your finances should be managed. Getting this right requires careful thought and proper legal advice.
Why professional help matters
It is possible to register an LPA yourself, and some people do.
However, the Office of the Public Guardian rejects thousands of LPA applications every year due to errors. Mistakes in the paperwork can cause significant delays and, in some cases, mean the document is invalid when it’s needed most.
A solicitor will make sure your LPA is drafted correctly, help you think through important decisions about how your attorneys should act, and advise on any safeguards you may want to include. The peace of mind that comes from knowing it’s done properly is invaluable.
How Dudden Law can help
At Dudden Law, we help individuals and families put LPAs in place so they can face the future with confidence. We take the time to understand your situation and guide you through every step of the process, from choosing your attorneys to registering the documents correctly with the Office of the Public Guardian.
We know these conversations aren’t always easy. Our team is here to make them as straightforward and stress-free as possible, with clear advice and no legal jargon. Whether you’re setting up an LPA for the first time or reviewing existing arrangements, we’re happy to help.
Speak to Dudden Law today
If you have questions about Lasting Powers of Attorney, our team at Dudden Law is here to help. We offer a free first consultation so you can get clear, straightforward advice without any obligation.
Based in Cardiff and serving clients across South Wales and the UK, we’re ready to support you. Get in touch today — call us on 02921 320 150 or email cgreenway@duddenlaw.co.uk.
Insights from Carrieanne Greenway, Dudden Law Solicitors