A way for your voice to be heard and your wishes to be respected, ensuring that the people you trust can step in if you ever need them to.
Discover everything you need to know about what a lasting power of attorney is, and why you need one:
If you’ve never heard of a Lasting Power of Attorney (LPA), you’re not alone. In our experience at Heritage Estate Planning, most people don’t come to us asking about LPAs out of nowhere. It’s usually because something has happened, such as an illness, an accident, or a situation involving a loved one, which then suddenly brings up the issue to their attention.
The truth is, an LPA isn’t just another legal document to tick off a list. It’s much more important than that. A Lasting Power of Attorney is a way for your voice to be heard and your wishes to be respected, ensuring that the people you trust can step in if you ever need them to.
In today’s article, I’ll be covering everything you need to know about Lasting Power of Attorney, because chances are, if you’ve landed on this page, you want to know more about why you need one.
Put simply, a Lasting Power of Attorney is a legal document that you create while you still have mental capacity – which is your ability to understand information and make informed decisions about your life.
An LPA allows you to appoint one or more people (your attorneys) to make decisions on your behalf if you’re no longer able to do so. There are two types of LPA, and both serve very different, but equally important purposes:
We always explain that these two work hand in hand. One looks after your money and practical affairs, while the other protects your wellbeing and personal choices. I’ll cover more in the sections below.
For the most part, the majority of us don’t think twice about managing our finances day-to-day. Paying bills, accessing bank accounts, dealing with pensions or savings – these are all part of our normal lives.
But if you were to lose mental capacity, those everyday tasks can quickly become a serious problem. We’ve seen situations where someone has lost capacity, and their bank accounts are effectively frozen. Direct debits may continue for a set time, but anything outside of that – accessing funds, making decisions, or dealing with providers – becomes incredibly difficult to manage.
A common misconception is that a spouse or partner can simply step in and take over. Unfortunately, that isn’t the case. If accounts are held in one name only, even a husband/wife/civil partner has no automatic authority to access them. This is where Lasting Power of Attorney makes a difference.
Another important point we often highlight is that a financial LPA doesn’t just come into action if capacity is lost completely. It can also be used with your permission while you still have capacity. For example, as we get older, we might face physical challenges such as reduced mobility or poor eyesight. Having an LPA in place means someone you trust can help you manage these tasks while you remain fully in control.
Financial decisions are important, but health and welfare decisions are deeply personal. A Health and Welfare LPA allows your chosen attorneys to make decisions about situations like:
We often describe this as having someone there to be your voice when you can’t speak for yourself. Again, without this type of LPA, these decisions don’t automatically fall to your family. Instead, they are made by healthcare professionals and social services, often as part of a wide panel making decisions in your “best interest”, but not actually reflecting your wishes.
In some cases, families are consulted, but they also may have very little input. We’ve worked with clients where decisions about care – such as where someone should live – have been made without the family having the final say. This can be incredibly difficult to hear, especially if the outcome doesn’t work practically or emotionally for those closest to the individual.
Having a Health and Welfare LPA in place ensures that the people who know you best and understand your wishes are the ones making those important decisions.
Unfortunately, we don’t see people come to us early enough. More often than not, the conversation starts because something has already happened.
We’ve had clients contact us after a loved one has been diagnosed with dementia, only to find out that it’s now too late to put a Lasting Power of Attorney in place because mental capacity has already been lost. Others come to us following a sudden stroke or hospitalisation, which brings light to just how quickly circumstances can change.
In one recent situation, someone approached me because her husband had been admitted to the hospital after having a stroke out of nowhere, which is obviously a terrifying experience. It was at that point she realised she didn’t have an LPA, and couldn’t make decisions on their loved one’s behalf. Luckily, in that situation, mental capacity was intact, and we were able to resolve it. But these situations are incredibly difficult – not just practically but emotionally too.
Of course, we also speak to people who want to plan ahead, and those are always the most empowering conversations. When nothing is wrong, and you’re simply putting the right protections in place, you have the time and clarity to make decisions properly.
It’s important to acknowledge that setting up a Lasting Power of Attorney can feel like a big step, and daunting to some. You’re thinking about scenarios that none of us particularly want to imagine – illness, accidents, or losing the ability to make decisions.
What we often find is that once the conversation starts, it becomes a positive and empowering experience. You’re not giving up control, you’re simply choosing who will step in if you ever need support. An LPA sets out your preferences and makes sure your wishes are known. For families, it can also bring a huge sense of reassurance. Knowing that everything is in place and that there’s a clear plan removes a lot of uncertainty and stress for the future.
One of the most important things to understand about Lasting Power of Attorney is that timing matters more than anything. You can only set up an LPA while you still have mental capacity. If that capacity is lost, the option is gone.
At that point, the only route available is to apply to the Court of Protection to become a deputy. But that process is more complex, time-consuming, and restrictive. That’s why we always say that the best time to put an LPA in place is before you ever need it.
At Heritage Estate Planning, we see the difference this makes every day. For those who have planned ahead, there’s clarity and control. But if life takes an unexpected turn and you haven’t got something in place, there can be unnecessary stress and complications at an already difficult time.
If there’s one thing I encourage you to take away, it’s this – don’t wait for a problem to start thinking about it. Get in touch today to learn more and to discuss arranging a Lasting Power of Attorney.
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