An LPA allows you to appoint trusted people to make decisions on your behalf if you ever become unable to make them yourself.
There are two types: one for Property and Financial Affairs, and one for Health and Welfare. Together, they ensure that your voice is heard, your wishes are respected, and your affairs are managed smoothly at a time when you may be vulnerable.
So why do LPA’s matter?
We know life is unpredictable. Illness, accidents, cognitive decline – all things that none of us are immune to. An LPA isn’t about pessimism; it’s about practicality. It’s about ensuring that if something unexpected happens, the people you trust most can step in without delay, confusion or conflict.
Without an LPA, even your closest family members, whom you would consider your next of kin, have no automatic legal right to make decisions for you. Banks, care providers and medical teams cannot simply “take their word for it” and this is where the LPA gives clarity, authority and reassurance. It removes guesswork at a time when emotions may be running very high. It also gives you control, because you are the one that chooses who acts, how they act, based on your preferences.
What if I do not have an LPA and I lose capacity?
This is a common question. The consequences of not having an LPA in place can be significant, both emotionally and financially.
If you lose capacity without an LPA, your loved ones must apply to the Court of Protection for a deputyship order. This process can take many months, leaving bills unpaid, accounts frozen and important decisions in limbo.
Deputyship is far more expensive than putting an LPA in place. There are court fees, ongoing supervision fees and professional costs if a solicitor or panel deputy is appointed.
Without an LPA, you don’t get to choose who manages your affairs. The court decides. This may not be the person you would have picked, and it may not reflect your personal or family dynamics.
At a time when your family may already be dealing with worry or grief, they are suddenly faced with complex legal processes, financial pressure and uncertainty. An LPA removes that burden.
A simple step with a big impact
Creating an LPA is one of the most thoughtful, protective steps you can take for yourself and the people you care about. It’s not just a legal document, it’s peace of mind, it’s clarity and it’s kindness.
And like all good planning, the best time to put one in place is long before you think you’ll ever need it. At Clarke Willmott we are here to help guide you through the process.
For advice on setting up a power of attorney or lasting power of attorney, including in circumstances involving complex family situations and international matters, call our specialist team now on 0800 652 8025 or get in touch by email: getintouch@clarkewillmott.com
