Lasting Powers of Attorney: Planning for the Unexpected

Lasting Powers of Attorney: Planning for the Unexpected

Most of us plan for the obvious life admin: bills, insurance, maybe a will. But far fewer people plan for a situation where they’re alive but can’t make decisions for themselves.

That’s where a Lasting Power of Attorney (LPA) comes in. It’s a legal document that allows you to choose people you trust (your “attorneys”) to make decisions on your behalf if you lose mental capacity in the future.

It’s one of those things that feels unnecessary — right up until the moment it becomes essential.

What an LPA is (and what it isn’t)

An LPA is not about handing over control today. While you must be capable when you make it, it only becomes fully relevant if you later can’t make decisions for yourself.

It is also not just for older people. Capacity can be affected at any age — through illness, accident, or unexpected medical events. Having an LPA in place can avoid delay and confusion at a difficult time.

The two types of LPA

There are two separate LPAs in England and Wales:

1. Property and Financial Affairs LPA

• This allows your attorneys to deal with things like:

• paying bills and managing accounts;

• dealing with benefits, pensions and HMRC;

• handling investments;

• buying or selling property.

This type can be used with your permission even while you still have capacity (if you choose), which some people find helpful if they’re unwell or travelling.

2. Health and Welfare LPA

This covers decisions about:

• medical treatment and care;

• where you live;

• day-to-day welfare (diet, support, routines);

• end-of-life decisions (if you expressly choose to give that authority).

This type can only be used once you have lost capacity.

Why couples are often caught out

A common assumption is that a spouse or partner can automatically step in. In reality, without an LPA, loved ones may have no legal authority to:

• access bank accounts in your sole name;

• deal with investments;

• make certain care decisions;

• manage property transactions.

If there’s no LPA and capacity is lost, families may need to apply to the Court of Protection for a deputyship order. That process can be slower, more expensive and more stressful — and the court appoints the deputy rather than you choosing.

Choosing attorneys: the practical realities

Attorneys should be people you trust and who can handle responsibility. Some people choose:

• a partner or spouse;

• adult children;

• a combination;

• professional attorneys in certain circumstances.

You can also include instructions and preferences. For example, you might want:

• attorneys to act jointly (together) or jointly and severally (independently);

• certain people to be consulted;

• guidance about care preferences.

Good drafting matters. Overly strict conditions can make an LPA difficult to use in practice.

The biggest reason people delay

LPAs often get delayed because they involve thinking about difficult scenarios. But many clients report that once it’s done, it feels like a weight lifted. It’s a practical act of care: you’re making things easier for the people who would otherwise be left guessing.

An LPA is one of the most important legal documents you can put in place during your lifetime. It allows you to choose who should make decisions for you if you cannot, and it can prevent expensive and stressful court applications later.

If you’d like to put LPAs in place — or you want to understand whether they’re right for your circumstances — Edward Hands & Lewis Solicitors can guide you through the options and ensure the documents are prepared clearly and correctly.

Edward Hands & Lewis Solicitors[Text Wrapping Break]Visit: www.ehlsolicitors.co.uk[Text Wrapping Break]Call: 0115 955 3444[Text Wrapping Break]Email: info@ehlsolicitors.co.uk

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The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Edward Hands and Lewis Solicitors does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.

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