The Importance of Power of Attorney and Why Every Adult Should Consider an LPA

What Is a Lasting Power of Attorney?

If you have ever wondered what a lasting power of attorney actually is, you are not alone. It sounds technical. Slightly formal. Something that belongs in a solicitor’s office rather than in everyday life, some think it's the same as having a will, which it isn't.

In reality, a lasting power of attorney, often shortened to LPA, is one of the most practical legal documents you can put in place. It allows you to choose someone you trust to make decisions on your behalf if you are no longer able to make them yourself.

That might mean managing your bank account after a stroke. Speaking to the Department for Work and Pensions about benefits. Making decisions about medical treatment. Or simply ensuring your bills are paid, and your home is protected.

It is not just for older people. It is not just for people with large estates. It is for anyone who wants control over what happens if life takes an unexpected turn.

What Is a Lasting Power of Attorney?

A lasting power of attorney is a legal document that allows you, while you still have mental capacity, to appoint one or more people to act on your behalf if you lose the ability to make decisions.

There are two types in England and Wales.

A Property and Financial Affairs LPA allows your chosen person to manage money, property and financial matters. That can include paying bills, dealing with pensions, managing bank accounts or selling a house if needed.

A Health and Welfare LPA allows your chosen person to make decisions about medical treatment, care arrangements, daily routines and, in some cases, life-sustaining treatment. This type can only be used if you lose mental capacity.

You can set up one type or both.

The people you appoint are known as attorneys. They do not have to be solicitors. They are usually family members or close friends.

Why This Matters More Than People Realise

My wife works in social services within a hospital setting. She sees firsthand what happens when someone becomes seriously ill without having an LPA in place, and it adds another layer of stress to family members at an already very stressful time, because families often assume they can step in automatically. They cannot!

Without legal authority, they may not be able to access bank accounts. They may struggle to speak to pension providers. They may not be allowed to make certain care decisions. Disagreements can arise. Stress levels rise quickly.

At a time when families are already dealing with shock or grief, the added pressure of legal barriers makes everything harder.

The Nightmare Scenario: What Happens Without an LPA?

Imagine suffering a severe stroke.

If you have an LPA, your chosen person can step in quickly. They can pay your mortgage. Speak to the DWP. Liaise with banks. Discuss your care preferences with professionals. They know your wishes and have the legal authority to act.

If you do not have an LPA, the situation can look very different.

Your family cannot automatically manage your finances. They would usually need to apply to the Court of Protection for something called deputyship. That process can take several months. During that time, bills may build up, and decisions may be delayed.

If you are assessed as lacking capacity, the local authority may become involved in managing certain aspects of your care or finances. Decisions may be based on available budgets and policy rather than personal preference.

If you have assets above the financial threshold, currently £24,500 in England, care costs can still be recovered from your estate.

The main issue is not simply money. It is loss of control. Without an LPA, the people closest to you may not have the legal standing to advocate in the way you would want.

How to Set Up a Lasting Power of Attorney

Any adult over 18 can create an LPA, provided they have mental capacity at the time of signing.

You can complete the forms yourself through the official government website. Many people choose this route and follow the guidance carefully. Others prefer to use a solicitor to draft and check the documents.

The government registration fee is £82 per LPA. If you create both types, that is £164. If you use a solicitor, total costs can range from around £300 to £500, depending on complexity. Fee reductions are available for those on certain benefits or low incomes.

The document must be registered with the Office of the Public Guardian before it can be used. Registration can take between 4 and 20 weeks.

It is worth taking care when completing the forms. Applications are sometimes rejected for simple errors, such as incorrect signing order, missing signatures, or minor inconsistencies in names and dates. That can delay the process significantly. This process can be carried out with the assistance of professionals from law firms that specialise in drafting power of attorney Doncaster (or elsewhere).

What Happens After Registration?

Once registered, a Property and Financial Affairs LPA can be used with your permission while you still have capacity. A Health and Welfare LPA can only be used if you lose capacity.

There is now a digital element to the system. Registered LPAs can be added to a secure online account, and attorneys can generate access codes for banks and other organisations. Instead of repeatedly showing the original paperwork, they can share a code that allows the organisation to verify it online.

That may sound like a small administrative detail, but in practice it can prevent long delays.

An LPA can also be revoked or amended while you still have mental capacity. You can remove an attorney or cancel the document entirely. Once capacity is lost, that option disappears.

Understanding Mental Capacity

Mental capacity has a specific legal meaning. It refers to the ability to understand information relevant to a decision, weigh that information and communicate a choice.

Capacity is decision-specific. Someone may be able to choose what to eat but not understand complex financial matters.

This is why timing matters. You must have capacity when creating an LPA. Waiting until there is already a serious illness or cognitive decline can mean it is too late.

Power of Attorney Is Not Just for Older People

There is a common belief that LPAs are something to think about in retirement.

In reality, accidents, illness and unexpected diagnoses can happen at any age. Having an LPA in place does not mean you expect the worst. It means you have planned for it.

For many families, the real value is peace of mind. Knowing that someone you trust has the authority to act can remove a huge burden during an already difficult time.

Frequently Asked Questions About Lasting Power of Attorney

What is a lasting power of attorney in simple terms?

It is a legal document that lets you choose someone you trust to make decisions for you if you are unable to do so yourself.

How much does it cost to set up a lasting power of attorney?

The government fee is £82 per LPA. If you set up both types, it is £164. Solicitor fees vary but often bring the total to between £300 and £500.

How long does it take to register an LPA?

Registration usually takes between 4 and 20 weeks, depending on demand and whether the forms are completed correctly.

Can I set up a lasting power of attorney without a solicitor?

Yes. You can complete the forms yourself online using the official government service. You must follow the signing instructions carefully.

When can an attorney start using an LPA?

A Property and Financial Affairs LPA can be used once registered, with your permission. A Health and Welfare LPA can only be used if you lose mental capacity.

What happens if you lose mental capacity without an LPA?

Your family would usually need to apply to the Court of Protection for deputyship. This can take several months and involves ongoing supervision.

Do spouses automatically have power of attorney?

No. Marriage or civil partnership does not give automatic legal authority to manage finances or make medical decisions if someone loses capacity.

Can a lasting power of attorney be cancelled?

Yes, as long as you still have mental capacity. Once capacity is lost, you cannot revoke it yourself.

What is the difference between an ordinary power of attorney and a lasting power of attorney?

An ordinary power of attorney is only valid while you still have mental capacity. A lasting power of attorney remains valid if you lose capacity.