Lasting Power of Attorney Guide: Why Waiting Can Create Problems
This lasting power of attorney guide explains why putting an LPA in place early can help you stay in control. Many people delay this decision, assuming it can wait or believing family members can step in automatically if needed.
Under the law of England and Wales, this is not the case. Without a valid LPA, your loved ones may face legal barriers at a difficult time.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people, known as attorneys, to make decisions on your behalf if you lose mental capacity.
This lasting power of attorney guide focuses on legal understanding rather than financial planning. LPAs form an essential part of estate planning during your lifetime.
There are two types of LPA: one covering property and financial affairs, and another covering health and welfare decisions. Both must be created and registered while you still have capacity.
Why People Delay Making an LPA
Many people feel an LPA is only relevant later in life. Others believe their spouse or children will automatically have legal authority if something happens.
In reality, the law does not grant automatic decision-making rights. This misunderstanding often leads families into avoidable legal processes.
A lasting power of attorney guide helps clarify these points before problems arise.
What Happens Without a Lasting Power of Attorney?
If you lose capacity without an LPA, your family cannot act on your behalf straight away. They may need to apply to the Court of Protection for authority.
This process can take time and cause added stress. It also removes your ability to choose who makes decisions for you.
Further information about this process is available on the GOV.UK website.
Why LPAs Matter at Any Age
This lasting power of attorney guide is not about preparing for the worst. It is about sensible legal planning.
Unexpected illness or accidents can affect anyone. An LPA ensures someone you trust can act for you if you cannot make decisions yourself.
February is often a quieter, reflective time of year. It offers a good opportunity to review whether your legal documents still protect you properly.
How LPAs Fit Into Legal Estate Planning
LPAs support your estate plan but serve a different purpose from a Will. A Will takes effect after death, while an LPA protects you during your lifetime.
At A.D.E Wills, we help clients understand how these documents work together. Our role focuses on legal clarity and correct document preparation.
We are not solicitors and we do not provide financial or tax advice. Where specialist advice is needed, we refer clients to appropriate professionals.
Independent guidance on mental capacity and decision-making is also available from Citizens Advice.
How A.D.E Wills Can Help
A.D.E Wills are professional Will writers and estate planners working under the law of England and Wales.
If you would like help understanding or setting up a Lasting Power of Attorney, we can guide you through the process clearly and professionally.
Call us on: 01865 507174
Email us at: info@adewills.co.uk
You may also find it useful to read more about our Lasting Power of Attorney services or our wider estate planning support.
Disclaimer
This article is provided for general information only and reflects the law of England and Wales at the time of writing. It does not constitute legal, financial, or tax advice. Individual circumstances vary, and professional advice should be sought where appropriate.
