In this blog, Daniel Brown, Trainee Solicitor from our Private Client team, discusses why having a Will is not enough and the importance of putting a Lasting Power of Attorney in place.
What Is a Lasting Power of Attorney?
Delaying the creation of a Lasting Power of Attorney (LPA) is a common mistake.
A Will takes effect upon death. An LPA, by contrast, is designed to protect a person’s interests during their lifetime if they become unable to make decisions for themselves.
Types of Lasting Power of Attorney in England and Wales
In England and Wales, there are two types of LPA. Firstly, a Property and Financial Affairs LPA which allows appointed attorneys to deal with affairs such as bank accounts, bills, pensions and the sale or management of property. Secondly, a Health and Welfare LPA which allows attorneys to make decisions about issues such as care, treatment, and, if expressly authorised, life-sustaining treatment.
What Happens If You Do Not Have an LPA?
The key point of this article is that the LPA must be made while the donor still has the required level of mental capacity, if this has been lost, then it is too late.
This is where families will often run into difficulty. Without a valid LPA in place, if a person loses capacity, their relatives (including a spouse) will not have the legal authority to deal with their finances or make welfare decisions on their behalf. In these circumstances, if decisions need to be made, an application to the Court of Protection is the alternative, as a deputy will need to be appointed. The issue is that this process is more time-consuming and more costly. A deputy will be appointed for you, and this might not be someone you would have chosen if you had the choice.
Why Lasting Powers of Attorney Are Important for Everyone
An LPA is not only important for elderly clients. Illness, accidents, travel, or any temporary inability to manage day-to-day affairs can affect adults at any stage of life. Business owners, landlords, and those with complex financial arrangements may be particularly exposed if they do not have a trusted attorney to act when needed.
Putting LPAs in place is often less about preparing for the unexpected. It is more about ensuring continuity, control, and clarity. For this reason, they should be regarded as a standard part of private client planning, not an optional extra. Read our previous article, ‘Does Everyone Need a Power of Attorney?’, for more on LPA benefits.
How We Can Help
If you are considering putting a Lasting Power of Attorney in place, our friendly and accessible private client team can guide you through the entire process. This includes registration with the Office of the Public Guardian. We can also help with other legal matters relating to you and your family, including:
To speak to our friendly, experienced, professional private client solicitors in Uxbridge today, please call 0330 175 5655 or email info@bglaw.co.uk.
