What is a Lasting Power of Attorney (LPA) - and Why Do I Need One?

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AuthorLisa Kingston

The What – What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a vital legal document that lets you choose a person (or several people) you trust to make decisions on your behalf if you’re unable to do so yourself in the future. In England and Wales there are two types of LPA: one for property and financial affairs (money, bills, selling or buying property) and one for health and welfare (medical treatment, care arrangements, where you live). It’s important to note that you can only make an LPA when you are still able to make decisions.

The Why – Why Do I Need a Lasting Power of Attorney (LPA)?

Losing the ability to make your own decisions can literally happen to anyone and at any point in life, through illness, accident/injury, or conditions that affect the brain, and it does:

E very 90 seconds someone is admitted to hospital in the UK with a brain injury, with traffic or contact-sport accidents being key examples of what can cause it; case examples being TV Presenter Richard Hammond (car accident) and F1 Racing Legend Michael Schumacher (an innocuous skiing accident);
Stroke is now the second single most common cause of death in the world, with the number of people having strokes aged 20 to 64 having increased by 25% case examples being Singer Jessie J (at age 18), Games of Thrones Actress Emilia Clarke (at age 24 and again at 26), Actress Sharon Stone (at age 41) and TV Presenter Chris Tarrant (at age 67), with both Sharon and Chris needing long periods of recovery and therapy to regain movement, speech and memory.
A study by Solicitors for the Elderly (SFE) and partner the Centre for Future Studies (CFS) highlighted there are currently 12.8 million people over the age of 65 who run the risk of developing dementia and therefore losing capacity, yet there are only 928,000 health and welfare (H&W) LPAs currently registered. The report also suggests the gap is only set to widen, with someone developing dementia every 3 minutes.
Early-onset dementia is becoming increasingly more common, with famous examples including GMTV presenter Fiona Phillips (age 62), Author Terry Pratchett & Actress Pauline Quirke (age 65);
Illness, disease and degenerative conditions can also affect anyone and at any age, and they do – take the tragic Rob Burrows (diagnosed with MND at 37, died at 41) and Lewis Moody who was recently diagnosed with MND at age 47.

What Happens If I Don’t Have An LPA And I Lose Mental Capacity?

The SFE research also found a staggering 65% of us incorrectly believe that our next of kin has the right to make important medical and care decisions on our behalf if we lose mental capacity – they do not.

Without a Lasting Power of Attorney even next of kin (husband/wife/children) cannot take charge of your finances. This includes selling property you own together, allocating money for your care, or even accessing your personal bank account to pay bills.

Without an LPA in place, it can be become a very complicated and difficult financial situation for your loved ones to deal with decisions about your money and care.

They may need to apply to the Court of Protection for authority to deal with your finances and may not be consulted on your wishes regarding medical treatment and care - this process can be complicated, considerably slower, significantly more expensive, and less personal than someone you’ve chosen.

Types of LPA

Lasting Power of Attorney – Health and Welfare

This type of LPA ensures your preferences for medical treatment and ongoing care are taken into account. This will ensure that an LPA can only be used if you lack mental capacity and are unable to make decisions for yourself.

Lasting Power of Attorney – Property and Financial Affairs

This type of Lasting Power of Attorney is used to ensure your finances are protected. It can be used for setting up payments, handling bank affairs or dealing with property transactions. This type of LPA can be used while you still have mental capacity, which can be particularly useful if you become less mobile or if you travel a lot and are often out of the country, to ensure your nominee can handle financial decisions on your behalf.

What’s involved in making an LPA? (a brief overview)

Choosing your attorneys — pick people you trust, and consider naming backups.
Decide the scope — do you want property & financial affairs, health & welfare, or both? Add any restrictions or guidance.
Complete the forms — the official LPA forms are available online and can be filled in with or without legal help.
Certificate & witnesses — a certificate provider must confirm you have capacity when making the LPA, and witnesses must sign.
Register with the Office of the Public Guardian (OPG) — an LPA is not legally valid until it’s registered with the Office of the Public Guardian; this is also there as a safeguard as the OPG then have a duty to supervise attorneys.

Getting legal advice is particularly important for complex situations (for example, when you have substantial assets, own a business, or wish to place specific restrictions on your attorneys).

Real Life Examples Of How LPAs Make A Major Difference

Example: A person with early-stage dementia may still manage daily tasks but will progressively lose capacity.
Impact of an LPA: allows a trusted family member to pay bills and arrange care when needed, reducing stress for the whole family. (See national dementia profiles and projections for the growing scale of need.)

Example: A sudden stroke can leave someone with communication difficulties.
Impact of an LPA: a spouse or chosen attorney can immediately liaise with medical teams about rehabilitation and make decisions about finances while the person recovers.

Example: After a serious head injury, family members frequently need to make urgent choices about long-term care and adaptations to the home.
Impact of an LPA: streamlines the process and ensures decisions reflect the person’s known wishes.

Practical Tips and Next Steps

Talk to the people you intend to appoint so they understand your wishes and are willing to act.
Seek professional expert legal advice to help set your LPA up – this will ensure you fully understand which LPA is best for you and how it will work, and help you identify the most appropriate person/people to select as attorneys – tailored legal support can be particularly important if family dynamics are complicated or if you want to include specific safeguards.
Keep your LPAs and other records together and tell someone where they are stored.
Review LPAs periodically — relationships and circumstances change; you can update or revoke an LPA while you still have capacity.

Seeking Professional Expert Legal Advice On LPAs

Getting the right support and legal advice from a qualified and experienced solicitor is crucial when preparing a Lasting Power of Attorney.

Our specialist Private Client Team at SH&Co. have a strong reputation for providing a comprehensive, personal service to ensure you are given the very best advice.

We’ll guide you through the entire LPA process, explaining clearly how an LPA will work, helping you to identify the appropriate person/people you can trust to make critical decisions on your health or finances and ultimately ensure that you are properly protected and cared for in the future.

We can also offer:

Free initial advice from expert solicitors – we offer weekly FREE Drop-In Legal Clinics every Wednesday (link), 8-9am and 12-1pm – just pop in for a free chat.
Home visits*

For more information, call 01606 48777, visit our website or simply pop into one of our FREE weekly drop-in legal clinics.