Have you ever considered a Lasting Power of Attorney but talked yourself out of it, thinking you’re too young to need one?
Here are some common statements I often hear from my clients:
“I don’t need a Lasting Power of Attorney yet. I’m only 42.”
“That’s something you do when you’re older, isn’t it?”
“My spouse or children could deal with matters anyway if anything happened to me.”
The above are all reasonable assumptions, but not ones that holds up in practice.
One of the biggest misunderstandings around Lasting Powers of Attorney (LPAs) is that your next of kin can automatically step in and make decisions for you.
In reality, without an LPA in place, even your spouse or children may not have the legal authority to:
- manage your bank accounts
- deal with bills or property
- make decisions about your care
Instead, your family may need to apply to the Court of Protection, which can be time-consuming, costly, and stressful at an already difficult time.
Another common misunderstanding is that LPAs are only for older people. In reality, loss of capacity can happen unexpectedly, whether through illness or accident, and having something in place early avoids any issues arising.
What is an LPA?
A Lasting Power of Attorney is a legal document that allows you to appoint people you trust (your “attorneys”) to make decisions on your behalf if you’re unable to do so.
There are two types:
Property & Financial Affairs LPA – covers things like managing bank accounts, paying bills, or dealing with property
Health & Welfare LPA – covers decisions about care, treatment, and day-to-day wellbeing
You still remain in control while you have capacity, the LPA is simply there as a safeguard if it’s ever needed.
It is also very important to note that an LPA can only be put in place while you have the mental capacity. If capacity is lost before an LPA is made, it is no longer possible to put one in place. Your family would then have to apply to the Court of Protection for authority to act on your behalf.
For this reason, it is always better to consider an LPA sooner rather than later, it ensures the right people are in place and avoids unnecessary delay if it is ever needed.
Examples of previous cases
I often see situations where families assume everything will be straightforward, until they try to act on behalf of a loved one.
I recently spoke with a client whose parent had lost capacity quite suddenly. They needed to access funds to pay for care and manage ongoing bills, but as there was no LPA in place, the bank would not allow access.
The family then had to apply to the Court of Protection, which took several months to put in place. During that time, things became understandably stressful, particularly when trying to manage care arrangements.
It’s a situation we see more often than people realise and one that can usually be avoided with some early planning.
I have also assisted in another situation where a husband had been managing all of the household finances, including paying for his wife’s care.
Following his death, those payments stopped as they had been made from his account. His wife, who is bed-bound and hard of hearing, was unable to contact the bank herself to put alternative arrangements in place.
As there was no LPA, no one had the authority to step in and assist her immediately. This led to delays in dealing with essential payments at a particularly difficult time.
Had a Property and Financial Affairs LPA been in place, someone trusted could have assisted straight away, even with her consent, without the need for further legal steps.
How we help at Lightfoots
Putting an LPA in place is usually much more straightforward than people expect.
We will:
- talk through your circumstances and who you would like to appoint
- explain your options clearly (without legal jargon)
- prepare the documents to reflect your wishes
- guide you through signing and registration
Our aim is to make the process simple and give you peace of mind that everything is set up properly.
Why getting it right matters
An LPA is one of those documents people don’t think about until it’s urgently needed.
Having it in place means:
- your chosen people can step in without delay
- your wishes are clear
- your family avoids unnecessary stress and cost
It’s a small step now that can make a significant difference later.
A Final Thought
Putting an LPA in place isn’t about expecting the worst, it’s about making sure that, if something unexpected does happen, the right people can step in and help without added stress or delay.
If this is something you’ve been meaning to put in place, or even if you’re just unsure how it all works, it’s worth having a quick conversation.
Lightfoots Solicitors regularly help clients who thought they were “too young” or assumed their family could deal with things automatically and it’s often much simpler to sort than people expect.
We’ll talk you through your options and make sure everything is set up in a way that genuinely works for you and your family.
If you’d like to discuss putting an LPA in place, feel free to get in touch, we’re always happy to help.
An Article written by Sabrina Ahmed, a solicitor in our Wills & Probate team.