Most people have a vague sense that a Lasting Power of Attorney is something you sort out when you’re older.
It isn’t. It’s something you sort out when you’re healthy — because once you’ve lost the mental capacity to manage your affairs, it’s too late to set one up. The window closes. And without one in place, the people who love you may find themselves legally unable to help.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that gives someone you trust — your attorney — the authority to make decisions on your behalf if you lose the mental capacity to make them yourself.
There are two types. A Property and Financial Affairs LPA covers things like managing bank accounts, paying bills, selling property, and dealing with pensions and investments. A Health and Welfare LPA covers medical decisions, care arrangements, and day-to-day welfare choices.
You can set up one or both. Most people who understand what they’re for set up both.
"You can't set up an LPA once you've lost mental capacity. The window closes — often without warning."
Why does it need to be sorted before you need it?
Mental capacity can be lost suddenly — through a stroke, a serious accident, a rapid-onset neurological condition — or gradually, through dementia or other progressive conditions.
An LPA must be created and registered while you have mental capacity to do so. If you lose capacity before the LPA is registered, the document is invalid and your loved ones have no legal authority to manage your affairs.
In that situation, if someone needs to manage finances or make medical decisions on your behalf, they have to apply to the Court of Protection for a Deputyship Order. This process takes several months, costs significantly more than an LPA, and gives your family far less flexibility once it’s in place.
An LPA registered today costs £82 per document at the Office of the Public Guardian. A Court of Protection application can cost thousands of pounds and takes much longer. The difference in outcome for your family is significant.
Real situations where an LPA makes all the difference
You have a stroke at 52. Your spouse needs to access your savings account to cover the mortgage while you’re in hospital. Without a financial LPA, the bank won’t let them — even if they’re a joint account holder on other accounts.
You’re in a serious accident and are in intensive care. Decisions need to be made about your treatment. Your family wants to be involved. Without a health and welfare LPA, medical staff are legally required to make those decisions in your best interest — but your family has no formal authority to be part of that process.
You develop early-stage dementia at 68. You still have capacity, and you want to make sure your children can manage your finances as your condition progresses. This is exactly the window in which to register an LPA — while you can.
Who should you name as your attorney?
Your attorney should be someone you trust completely — a spouse, partner, adult child, or close friend. They don’t need any legal or financial expertise, but they need to be reliable, organised, and genuinely acting in your best interests.
You can name more than one attorney and specify whether they must act jointly (together on every decision) or jointly and severally (able to act independently). Most people choose the latter for practicality.
How we can help
We support clients through the LPA process as part of our broader planning service. We can help you understand what’s involved, signpost the right legal support, and make sure the LPA conversation happens as part of a joined-up view of your overall protection.
Because an LPA alongside a will and the right insurance policies is what complete protection for your family actually looks like.
