Why Lasting Powers of Attorney Matter – and Why Early Planning Helps
Planning for the future is not only about who inherits your estate. It is also about who can step in and make decisions for you while you are still alive, if you can no longer do this for yourself. That is where Lasting Powers of Attorney (LPAs) come in. At Codicil Estate Planning & Consultancy, we regularly speak to families who tell us they wish these documents had been put in place earlier.
What is a Lasting Power of Attorney?
An LPA is a legal document that allows you (the “donor”) to appoint trusted people (your “attorneys”) to make decisions on your behalf if you lose mental capacity in the future, or if you choose to have help while you still have capacity.
Loss of mental capacity can arise for many reasons. It might follow a stroke, dementia, a serious accident, a learning disability, or a health condition that affects your ability to understand, retain or weigh up information. It can happen gradually with age, or suddenly and unexpectedly. LPAs exist to help ensure that, in those moments, the people you trust are able to act promptly and in your best interests.
The Two Types of LPA, Explained in Plain English
There are two separate LPAs, each covering different areas of your life. Many people choose to have both so that financial and personal decisions are covered.
1. Property & Financial Affairs LPA
This allows your attorneys to help with money and property decisions. For example, they can manage your bank accounts, pay bills, deal with your pension or benefits, and, if necessary, sell your home. You can choose whether this LPA can be used while you still have capacity (for convenience and support) or only if you lose capacity in the future.
2. Health & Welfare LPA
This covers decisions about your day-to-day care and medical treatment. Your attorneys may be involved in decisions about where you live, what care or support you receive, and, if you wish, certain decisions about life-sustaining treatment. A Health & Welfare LPA can only be used if you no longer have the capacity to make those decisions yourself at that time.
Together, these documents can form a safety net, helping to make sure that people you have chosen are able to speak up for you and act on your behalf when you are most vulnerable.
What Happens If You Do Not Have an LPA?
Without an LPA, no one has an automatic right to manage your finances or make welfare decisions for you, not even your spouse, partner or children. If you lose capacity, your family or friends may need to apply to the Court of Protection to be appointed as your “deputy”.
This Court process can be time-consuming and administratively demanding. It involves detailed forms, medical evidence, court fees, and sometimes professional reports. It can take many months before a deputy order is granted. During that time, bank accounts may be difficult to access, bills can become harder to manage, and key care decisions may be delayed. The costs of a deputyship application, and the ongoing supervision fees, are usually higher than the costs of putting LPAs in place in advance.
In addition, the Court of Protection decides who becomes your deputy, which may not be who you would have chosen yourself. Putting LPAs in place while you are well can reduce this uncertainty and give you more control over who steps in.
Why People Delay – and Why That Can Be Risky
Many people recognise that LPAs are sensible, but still put them off. Common reasons include:
- “I am too young.” Capacity can be lost at any age through illness or accident. LPAs are not just for the elderly; they are for anyone who wants to be prepared.
- “My family will sort it out.” Without an LPA, your family may have very limited authority and may face delays and extra costs through the Court of Protection.
- “It will not happen to me.” No one plans to lose capacity. LPAs are like insurance: you hope never to need them, but if you do, they can be invaluable.
- “It sounds complicated.” The forms and process can feel daunting, but with clear guidance and support many people find it manageable.
The difficulty is that once capacity is lost, it is usually too late to make an LPA. Acting early can help protect both you and the people who care about you.
Who Should Consider an LPA?
In England and Wales, anyone aged 18 or over who has mental capacity can make an LPA. LPAs are particularly relevant for:
- Adults of any age who own property or have savings.
- Business owners and directors who want continuity if they become unable to act.
- Unmarried partners who want to be able to support each other formally.
- Parents who wish to ease the burden on their adult children if something happens to them.
- Older adults planning alongside their wills and wider estate planning.
LPAs are not a sign of pessimism. They are a practical, responsible part of planning for life’s uncertainties.
Registration with the Office of the Public Guardian: Why Timing Matters
Once your LPAs are completed and signed, they must be registered with the Office of the Public Guardian (OPG) before they can be used. The OPG checks that the forms have been completed correctly and that everyone who needs to be notified has had the chance to raise any concerns.
Registration is not instant. Processing times can be several weeks or months, depending on demand and whether there are any errors or queries. If the forms are rejected due to mistakes, they may need to be corrected and resubmitted, adding more delay.
This is why it is usually best not to wait until a health crisis to think about LPAs. By acting while you are well and organised, you give yourself time to complete the documents calmly and allow the OPG to register them before they are needed.
Choosing the Right Attorneys
Your attorneys will have significant responsibility, so it is important to choose carefully. You might appoint a spouse or partner, adult children, other relatives, close friends, or professional advisers.
When deciding whom to appoint, consider whether they are trustworthy, organised, and able to act in your best interests even in difficult circumstances. You can appoint more than one attorney and decide whether they must act together or can act independently. You can also appoint replacement attorneys in case your first choice is unable to act in future.
Talking openly with potential attorneys about your wishes, values and priorities can make their role much clearer and give everyone more confidence about the future.
How Codicil Can Help
Codicil Estate Planning & Consultancy is an independent, unregulated estate-planning consultancy based in London, supporting clients across England and Wales. Codicil does not provide regulated legal advice or legal services. Instead, it offers clear, practical guidance on the LPA process, helps you think through your choices, and works alongside you to complete documentation in a structured way. Where formal legal advice is required, Codicil can encourage you to seek help from a suitably regulated professional.
By taking informed action in good time, you may be able to reduce stress for those close to you, minimise avoidable delays and costs, and help your wishes to be understood and more easily followed if you ever lose capacity to decide for yourself.
This article is for general information only and is not legal advice. It does not take account of your individual circumstances. You should seek advice from a suitably qualified and regulated professional before making specific decisions about LPAs or your wider estate planning.
