Planning Ahead Gives You and Your Family Peace of Mind
Many people assume that Lasting Powers of Attorney are only necessary later in life. In reality, an LPA can be useful for any adult, regardless of age, health or financial circumstances.
Life is unpredictable. An accident, illness or sudden loss of mental capacity could leave you unable to make decisions about your money, property, care or medical treatment. Without the right legal documents in place, even close family members may not automatically have authority to act on your behalf.
Planning ahead allows you to choose who you trust to make decisions for you, rather than leaving matters uncertain at a difficult time.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people, known as attorneys, to make decisions for you if you become unable to make those decisions yourself.
In England and Wales, there are two main types of LPA.
A Property and Financial Affairs LPA allows your attorney to deal with matters such as managing bank accounts, paying bills, handling investments and dealing with property.
A Health and Welfare LPA allows your attorney to make decisions about matters such as medical treatment, care arrangements and where you should live, but only if you no longer have the mental capacity to make those decisions yourself.
Many people choose to put both types of LPA in place so that their financial, practical and welfare needs are covered.
What Happens If You Do Not Have an LPA?
Without a valid LPA, your family will not usually have legal authority to make decisions simply because they are your spouse, partner, child or next of kin.
Depending on the circumstances, it may be necessary to apply to the Court of Protection for a deputyship order before certain financial decisions can be made on your behalf. This process can be slower, more expensive and more stressful than making an LPA in advance.
Health and welfare deputyships are generally less common and are only granted in limited circumstances, so it is especially important to consider making a Health and Welfare LPA while you still have capacity.
Choosing the Right Attorney
Choosing your attorney is one of the most important parts of the process. Your attorney should be someone you trust completely and who understands your values, wishes and practical needs.
You may choose a spouse, partner, adult child, close relative, trusted friend or professional adviser. You can appoint more than one attorney and decide whether they must act together or whether they can act independently.
It is also sensible to consider replacement attorneys in case your first choice is unable or unwilling to act when needed.
Why Professional Advice Matters
Although it is possible to prepare an LPA yourself, errors in the forms or signing process can cause delays or rejection. A solicitor can help ensure the documents are completed correctly, explain your options clearly and advise on any preferences or restrictions you may wish to include.
If you have general questions before seeking legal advice, NakdLaw is an AI legal chat that can help explain legal concepts and answer common questions in plain English.
Contact Penerley Solicitors
If you are considering making a Lasting Power of Attorney, Penerley Solicitors can help you plan ahead with confidence. Our experienced private client team will explain your options, prepare the necessary documents and guide you through the process from start to finish. Contact us today to arrange a confidential consultation.
