It’s easy to think that putting plans in place for the future is something to deal with later in life. In reality, situations can change quickly. An accident, illness or unexpected diagnosis can leave you unable to make decisions for yourself, often with little warning.
A Lasting Power of Attorney (LPA) is a simple way to prepare for that uncertainty. It allows you to appoint someone you trust to step in and make decisions on your behalf if you’re no longer able to do so. Putting this in place early gives you control over who that person is and how they act, while also removing a great deal of stress for those around you.
It’s Not Just About Later Life
One of the most common misconceptions is that LPAs are only relevant in older age, but in practice, they can be just as important for younger people. Loss of capacity doesn’t follow a timeline, and without an LPA in place, your loved ones may find themselves in a difficult position.
If there is no LPA, they may need to apply to the Court of Protection for the authority to act on your behalf. This process can take time, can be costly, and may limit the control your family has over important decisions about your finances or care. At what is already a stressful time, it can add an extra layer of uncertainty.
Putting an LPA in place early helps avoid this situation altogether.
Understanding How LPAs Work
There are two types of LPA, and you can choose to put one or both in place depending on your circumstances.
A Property and Financial Affairs LPA allows your chosen attorney to manage things such as bank accounts, paying bills and dealing with property matters. Once registered, it can be used with your permission while you still have capacity, or later if you are no longer able to make those decisions yourself.
A Health and Welfare LPA covers decisions about your care and day-to-day well-being. This can include where you live, the type of care you receive and, if you choose to include it, decisions about life-sustaining treatment. Unlike the financial LPA, this can only be used if you are unable to make those decisions yourself.
Both types of LPA need to be registered with the Office of the Public Guardian before they can be used. Registration can take time, so having everything in place early avoids delays when decisions need to be made more urgently.
Choosing the Right Person
Your attorney should be someone you trust to act in your best interests. This could be a family member, a friend, or a professional. You can appoint more than one person and decide whether they act together or independently.
What matters most is that they understand your wishes and feel confident making decisions on your behalf if needed. Having those conversations early can make things much clearer for everyone involved.
Planning Ahead with Confidence
An LPA isn’t something that’s set in stone. As long as you have capacity, you can change your mind, update your arrangements, or cancel it altogether. You can also appoint replacement attorneys, so there is always someone able to step in if circumstances change.
Putting this in place is not about expecting the worst. It’s about making sure that if something unexpected does happen, the right people are able to act quickly and in line with your wishes.
How We Can Help
At Howard & Over, we support clients across the South West with putting LPAs in place every day. We take the time to explain your options clearly and help you make decisions with confidence.
If you’re thinking about planning ahead, or simply want to understand how LPAs work, our team is here to help.
Get in touch to have a conversation about putting the right arrangements in place for you and your family.