January 28, 2026
A Lasting Power of Attorney is an important legal document that allows you to plan ahead and retain control over future decision-making. Despite its importance, many adults do not have an LPA in place.
An LPA enables you to appoint one or more trusted individuals, known as Attorneys, to make decisions for you if you are unable to do so yourself.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows another person to act on your behalf if you lose the ability to make decisions. This may be due to illness, an accident, loss of mental capacity, or physical incapacity that affects your ability to manage everyday matters.
What happens without an LPA in place?
If you lose capacity without having an LPA, no one automatically has the legal authority to act for you. In these circumstances, an application must be made to the Court of Protection for the appointment of a Deputy.
This process for a straightforward case can take up to 6 months and for more complex cases it can take much longer, and it involves court fees and ongoing costs, and places additional administrative responsibilities on those acting on your behalf.
Why having an LPA is important
Putting an LPA in place allows you to choose who will make decisions for you and ensures your wishes are clearly recorded. It also helps avoid delays, uncertainty, and unnecessary legal processes if decisions need to be made quickly.
LPAs are widely regarded as an essential part of future planning.
Who should consider an LPA?
LPAs are relevant to all adults aged 18 and over. While often associated with later life, unexpected illness or injury can occur at any age. Planning ahead ensures appropriate arrangements are already in place.
What are the 2 types of LPA’s?
There are two types of LPA, and many people choose to have both.
A Property and Financial Affairs LPA allows an Attorney to manage financial matters such as bank accounts, bills, property transactions, and dealings with HMRC.
A Health and Welfare LPA allows an Attorney to make decisions about medical treatment, care arrangements, and living arrangements. This LPA only comes into effect once the individual is unable to make these decisions themselves.
Different Attorneys can be appointed for each type of LPA if appropriate.
What are the risks of leaving it too late?
Without an LPA in place, decisions may be delayed or made by professionals appointed by the court. The Court of Protection process can be time-consuming and costly, which can often be avoided by planning ahead.
How to contact the team if you are considering putting an LPA in place
You can reach us on mail@bates-wells.co.uk or call us on 01473 219282 or fill in our contact form.