Nobody likes to think about losing the ability to make their own decisions. It’s uncomfortable and feels a long way off. But here’s the thing: if something unexpected happens and you haven’t planned ahead, your loved ones could face months of stress, legal hurdles and expense just to help you.
That’s where a Lasting Power of Attorney (LPA) comes in. It’s one of the most important documents you can put in place – and it’s far simpler than you might think.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose who makes decisions for you if you can’t make them yourself.
You (called the “donor”) appoint one or more people you trust (your “attorneys”) to step in on your behalf. This could be because you’ve lost mental capacity due to illness or an accident, or simply because you want someone to help manage things.
Here’s what many people get wrong: they assume their husband, wife, or children can automatically handle their affairs if something happens. They can’t. Without an LPA, even your closest family members have no legal right to access your bank accounts, pay your bills, or make decisions about your care.
Why Does This Matter?
Imagine you have a stroke and can’t communicate. Your partner needs to access your bank account to pay the mortgage, but the bank won’t let them. Or your elderly parent develops dementia, and you want to arrange care – but you have no legal authority to do so.
Without an LPA in place, your family would need to apply to the Court of Protection for something called a “deputyship order.” This process can take months, cost thousands of pounds, and happens at a time when they’re already worried about you.
An LPA prevents all of that. It puts you in control of who helps you, and it gives them the legal power to actually do so.
The Two Types of LPA (And Why You Need Both)
There are two types of Lasting Power of Attorney, and they cover different areas of your life:
Property and Financial Affairs LPA
- Managing your bank accounts and paying bills
- Dealing with your property (selling, renting, maintaining)
- Managing investments and pensions
- Sorting out your tax affairs
- Claiming benefits on your behalf
Health and Welfare LPA
- Where you live and who cares for you
- Your day-to-day care (what you eat, what you wear, daily routine)
- Medical treatment and which healthcare professionals you see
- Whether to give or refuse consent to medical treatment
- Life-sustaining treatment (though you can choose to restrict this power)
Many people think the financial LPA is enough. But without the health and welfare LPA, doctors and social workers make the final call on your care, even if your family disagrees with their decisions.
Having both types means the people who know you best are the ones making decisions for you.
When Should You Set Up an LPA?
As soon as possible, while you still can.
This is really important: you can only create an LPA while you have mental capacity. Once capacity is lost, it’s too late. That’s why waiting until you “need it” is a mistake, by then, the window has usually closed.
So when’s the right time? Here are some moments when you should seriously consider it:
- You’re buying property or building up savings
- You’re getting married or starting a family
- You’ve received a diagnosis that could affect your mental capacity (dementia, Parkinson’s, previous strokes)
- You’re retiring or planning your estate
- You’re travelling long-term or moving abroad
- You’re starting a business
But honestly? There’s no bad time to put an LPA in place. Younger people can lose capacity too, accidents, sadly, do happen. The best time to sort it is before you think you need it.
Who Should You Choose as Your Attorney?
This is one of the most important decisions you’ll make. Your attorney needs to be someone you trust completely because they’ll have significant power over your life.
- Their spouse or partner
- Adult children
- Close siblings or other family members
- Trusted long-term friends
You can appoint more than one attorney, and you can decide whether they must make decisions together (jointly) or can act independently (jointly and severally).
You can also appoint replacement attorneys in case your first choice can’t or won’t act.
Think carefully about who you choose. They need to be reliable, financially responsible, and willing to take on the role.
What Are Your Attorney's Responsibilities?
Being an attorney is a serious responsibility. Your chosen person must:
- Always act in your best interests
- Follow the rules in the Mental Capacity Act 2005
- Make decisions that are reasonable and proportionate
- Keep your money completely separate from their own
- Consult with you as much as possible before making decisions
- Keep records of decisions they make on your behalf
Attorneys are accountable for their actions. If they misuse their powers or don’t act in your best interests, they can be challenged and even removed.
Can You Do an LPA Yourself?
Yes, it’s possible to fill in the government forms yourself without using a solicitor. But here’s what often goes wrong:
Common Mistakes People Make
- Getting the signing or witnessing wrong, which can make the whole document invalid
- Writing unclear instructions that leave attorneys confused about what they can and can’t do
- Failing to appoint replacement attorneys, so the LPA becomes useless if your first choice dies or can’t act
- Not understanding the different types of decisions and powers
- Making errors that cause the Office of the Public Guardian to reject the application
One small mistake can mean your LPA doesn’t work when you need it most. Or worse, it could lead to family disputes later when people disagree about what you wanted.
Why Professional Help Makes Sense
Working with a specialist solicitor ensures your LPA is properly drafted, tailored to your specific circumstances, and legally watertight. We’ll:
- Explain your options clearly so you understand what you’re signing
- Make sure the document accurately reflects your wishes
- Ensure it’s correctly completed and witnessed
- Register it with the Office of the Public Guardian
- Give you peace of mind that it will work when needed
The cost of getting professional help now is far less than the cost – financial and emotional – of getting it wrong.
What Happens If You Don't Have an LPA?
Without an LPA, if you lose mental capacity, your family’s only option is to apply to the Court of Protection for a deputyship order.
This involves:
- Lengthy court applications (often 6-12 months)
- Significant legal costs (typically £2,000-£4,000 or more)
- Ongoing supervision fees paid to the court
- No guarantee the court will appoint the person you would have chosen
- Stress and delay at an already difficult time
An LPA avoids all of this. It costs a fraction of the price and puts you – not the court – in control of who helps you.
How Much Does an LPA Cost?
At Liberay Legal, our LPA services start from £400 + VAT, plus the Office of the Public Guardian registration fees.
That might sound like a lot, but consider:
- It’s a one-time cost that lasts your whole life
- It could save your family thousands in court fees later
- It gives you control over something incredibly important
- Most importantly, it protects both you and the people you love
We’ll give you a clear, upfront price with no hidden costs.
Can You Change or Cancel an LPA?
Yes, as long as you still have mental capacity, you can:
- Cancel (revoke) your LPA at any time
- Make changes by creating a new LPA
- Appoint different attorneys
- Change the powers you’ve given
Just remember that any changes need to be registered with the Office of the Public Guardian to be valid.
Have More Questions?
We get it, LPAs involve big decisions about trust and control. It’s normal to have questions or feel unsure about what’s right for your situation.
That’s exactly why we’re here. At Liberay Legal, we specialise in helping people protect their future with properly prepared LPAs. We pride ourselves on explaining everything in plain English, answering all of your questions honestly and, crucially, with no legal jargon.
We’re here to draft your documents correctly, handle the registration process and give you the confidence and peace of mind that comes with knowing that your affairs are in order.
We know that talking about losing capacity is difficult. We treat every client with the sensitivity and respect this conversation deserves.
Don't Put It Off
The best time to put an LPA in place is before you need it. Waiting until there’s an urgent need often means it’s already too late.
Setting up an LPA now means:
- You’re in control of who helps you
- Your family won’t face expensive court processes
- Your affairs can be managed smoothly if the unexpected happens
- You can relax knowing it’s sorted
It’s one of those things that’s easy to put off, but once it’s done, you’ll wonder why you didn’t do it sooner.
