Most people assume their family can make decisions for them if they fall seriously ill or lose mental capacity. In reality, that isn’t the case. Without legal authority, even a spouse or adult child cannot access your bank account, sell property or decide on your medical treatment.

That gap is exactly why the Lasting Power of Attorney exists. It’s a safeguard that ensures your affairs are managed by people you trust, not left to the courts. Yet despite its importance, too many people delay or misunderstand this key part of future planning.

Why Families Struggle Without an LPA

Imagine being suddenly unable to make decisions because of an accident, a stroke or dementia. Without an LPA:

• Banks will freeze accounts in your name.
• Bills, mortgages or care fees may go unpaid.
• Loved ones may have to apply to the Court of Protection for authority — a process that can take months and cost thousands.

This creates unnecessary stress and delay at a time when families are already under pressure. An LPA prevents that scenario by giving legal authority in advance.

The Two Types of LPA

There are two distinct forms of Lasting Power of Attorney and many people choose to have both:

• Property and Financial Affairs LPA – Allows your attorney to manage money and property. They can pay bills, manage investments or sell your house if needed. You can also allow it to be used while you still have capacity, which can be useful if you are abroad or physically unable to manage things yourself.
• Health and Welfare LPA – Covers medical treatment, care arrangements and daily decisions such as diet, dress or routine. It only takes effect if you lose capacity and you can decide whether your attorney has authority to consent to or refuse life-sustaining treatment.

Who Should You Appoint?

Choosing an attorney is one of the most personal parts of creating an LPA. It must be someone you trust absolutely — a partner, adult child, close relative or in some cases, a professional adviser. You can appoint more than one attorney and decide whether they act:

• Jointly (together on all decisions) or
• Jointly and severally (together or separately, offering more flexibility).

It’s also possible to name replacement attorneys in case your first choice cannot act.

Common Mistakes to Avoid

Even though the process is straightforward, errors are common:

• Delaying too long: An LPA can only be made while you have capacity. Leaving it until health declines may mean it’s too late.
• Not registering the LPA: It must be registered with the Office of the Public Guardian before it can be used. Many people prepare the document but fail to register it, leaving families stuck in an emergency.
• Choosing the wrong attorney: Picking someone out of obligation rather than ability can cause problems. Attorneys must be capable, reliable and act in your best interests.
• Failing to give guidance: You can add preferences or instructions to guide your attorney. Without these, they may face uncertainty about what you would want.

When Should You Put One in Place?

The answer is simple: the sooner, the better. Serious illness or accidents can happen at any age, not just in later life. An LPA provides immediate reassurance that someone you trust can step in if needed. For many, setting up an LPA at the same time as writing or updating a will makes sense. Together, they form the backbone of any well-prepared estate plan.

What Happens If You Don’t Have One?

If you lose capacity without an LPA, your family must apply to the Court of Protection for a deputyship order. This process is:

• Lengthy — applications can take six months or more.
• Expensive — with application fees, court costs and ongoing reporting requirements.
• Restrictive — deputies face more limits than attorneys and may need court approval for many decisions.

The result is frustration and added expense, often when time and clarity are needed most.

The Benefits of Planning Ahead

Creating a Lasting Power of Attorney means:

• You stay in control by deciding who acts for you.
• Your family avoids the burden of court proceedings.
• Decisions are made quickly and in line with your wishes.
• Your financial affairs and personal care are safeguarded without interruption.

It’s a simple step that provides security for you and peace of mind for those around you.

Taking Action Now

A Lasting Power of Attorney is not just for later life — it’s for anyone who wants to ensure their affairs are handled properly if they cannot act for themselves. It is one of the most practical and protective legal documents you can put in place. At Paradigm Wills and Legal Services, we work with individuals and families to create LPAs that are clear, tailored and legally sound. By planning ahead now, you avoid uncertainty later and make sure your wishes are respected.

If you’d like to safeguard your future and reduce the burden on your family, contact Paradigm Wills today for expert guidance on creating a Lasting Power of Attorney.