The Importance of Lasting Powers of Attorney
Lasting Powers of Attorney (LPAs) allow you to appoint someone you trust to make decisions on your behalf if you are no longer able to do so.
While many people assume this is something to think about later in life, the reality is that loss of capacity can happen at any time, whether through unexpected illness, injury, or a longer-term diagnosis. Putting LPAs in place sooner rather than later ensures your wishes are protected and avoids unnecessary stress for your loved ones.
If you lose capacity to make decisions and don’t already have LPAs in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf, which can be costly, time-consuming, and may limit control over decisions about your finances and care. Putting LPAs in place now means there is no delay when help is needed.
How do they work?
There are two types of LPA: one covering financial decisions and the other health and care decisions, and you can choose to make one or both.
Property and financial affairs
This type of LPA allows your attorney(s) to manage your finances, including paying bills, handling bank accounts, and dealing with property.
It must be registered with the Office of the Public Guardian (OPG) before it can be used, and registration can take time. By setting this up early, you avoid delays at a point when urgent decisions may be needed.
Once registered, it can be used with your consent while you still have capacity, or if you lose capacity in the future.
Health and welfare
This LPA covers decisions about your care, medical treatment (including life sustaining treatment if you chose to include this), and day-to-day wellbeing, such as where you live and your daily routine.
Again, this type of LPA must be registered with the OPG but it can only be used if you are unable to make these types of decisions yourself. Having it in place early ensures that, if the unexpected happens, someone you trust is ready to step in immediately.
Who can you appoint as your attorney?
Your attorney should be someone you trust to act in your best interests. This could be a family member, friend, or a professional such as a lawyer.
You can appoint more than one attorney and decide how they work together. Choosing the right person or people early, and talking to them about your wishes, means they are prepared and understand your values and preferences if they ever need to act.
When can the attorney act?
An LPA must be registered before it can be used.
- Property and financial affairs LPA: can be used with your consent or if you lose capacity
- Health and welfare LPA: only used if you lack capacity
You may have capacity to make decisions about some matters and not others.
Attorneys must always act in your best interests and follow legal principles. The OPG provides guidance for attorneys acting under LPAs: https://www.gov.uk/government/publications/how-to-be-an-attorney
Can you change your mind once the LPA is in place?
Yes. As long as you have capacity, you can cancel your LPAs or make new ones at any time.
You can also appoint replacement attorneys to step in if your original choice is unable to act. Planning ahead in this way adds an extra layer of security.
Putting LPAs in place early is one of the simplest and most effective ways to protect yourself and your loved ones. Waiting until they are needed may be too late.
Contact Lesley Walker or Peyton Matthews-Hewer who are the Accredited Lifetime Lawyers at Talbot Walker, which means you will receive expert, regulated advice tailored to your individual circumstances.
