Do I Need a Lasting Power of Attorney?

Planning for the future is something many people intend to do, yet decisions around mental capacity can often be left until it feels urgent. Thinking about what might happen if you’re no longer able to make decisions for yourself can feel uncomfortable, but it’s an important step in protecting both your wishes and your loved ones.

Understanding when a Lasting Power of Attorney (LPA) becomes necessary, and what happens if one isn’t in place, can quickly feel complex. Without clear arrangements, families may face a more time-consuming and costly court process at an already difficult time, adding further stress and uncertainty.

Nicola Steadman, head of our private client team, explains when changes in life circumstances make a Lasting Power of Attorney an important step, and how recognising those moments early can help avoid unnecessary complications later on.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so.

This could be:

• Temporary, for example if you are recovering from illness or injury
• Longer-term, such as in cases of dementia or other conditions affecting capacity

There are two types of LPA:

• Property and financial affairs: managing money, paying bills, dealing with property
• Health and welfare: making decisions about care, treatment, and daily living

At its core, an LPA ensures that you decide who acts for you, and how.

When should you set up a Lasting Power of Attorney?

Many people assume LPAs are only needed later in life. In reality, that isn’t the case.

Loss of capacity can happen:

• Gradually, through illness.
• Suddenly, due to an accident or medical event.

For example, if you were hospitalised unexpectedly, your family may not be able to access your finances or speak to providers on your behalf without legal authority.

Putting an LPA in place early removes that uncertainty.

What happens if you don’t have an LPA?

If you lose the ability to make decisions and no LPA is in place, your loved ones cannot automatically step in.

Even a spouse or adult child does not have legal authority by default.

Instead, they may need to apply to the Court of Protection to be appointed as a Deputy. This process is typically:

• More time-consuming.
• More costly.
• Less flexible.

The court decides who is appointed, rather than you, and ongoing supervision is often required.

An LPA allows you to avoid this situation by putting arrangements in place in advance.

Can an LPA be used while you still have capacity?

In some cases, yes.

A property and financial affairs LPA can be used with your permission even while you still have capacity. This can be helpful if you need short-term support, for example managing finances during illness or travel.

A health and welfare LPA can only be used if you are unable to make decisions yourself.

Why is it important to arrange an LPA sooner rather than later?

Timing matters more than many people realise.

An LPA must be created while you still have capacity. Once capacity is lost, it is no longer possible to put one in place.

There is also a practical consideration:

• LPAs must be registered before they can be used.
• The registration process can take time.

Putting this in place early ensures everything is ready if it is ever needed.

How does an LPA help your family?

When someone loses capacity, it can be an emotional and uncertain time.

Without an LPA:

• Families may struggle to access bank accounts.
• Day-to-day decisions can become difficult.
• There may be delays in arranging care or support.

An LPA provides:

• Clear legal authority.
• Faster decision-making.
• Confidence that your wishes are followed.

LPA’s  can also help prevent disagreements, as your preferences have already been recorded in a clear and cohesive manner.

Is setting up a Lasting Power of Attorney complicated?

For many people, the process is more straightforward than expected.

The key decisions are practical:

• Who do you trust to act for you?
• How should decisions be made?
• Are there any specific wishes you want to include?

Getting the right advice ensures everything is completed correctly and tailored to your circumstances.

What happens next?

If you are considering putting a Lasting Power of Attorney in place, the next step is usually a simple conversation.

During an initial discussion, you can:

• Talk through your options.
• Ask any questions.
• Understand how the process works.

Our Wills and Inheritance team can guide you through each stage and ensure everything is set up clearly and correctly.

Speak to our Wills and Inheritance team

Putting a Lasting Power of Attorney in place is about making sure your future is protected, whatever happens. It gives you the reassurance that, if you are ever unable to make decisions yourself, the right people are already in place to act in your best interests.

Taking the next step does not need to feel overwhelming. With clear, practical guidance, you can understand your options and put the right arrangements in place with confidence, knowing everything has been handled properly and thoughtfully from the outset.

If you are ready to get started, contact our team to find out how we can help.