Why a Lasting Power of Attorney Isn’t Just for Later Life

Many people assume their next of kin can automatically make decisions on their behalf if they lose capacity, but this simply isn’t true. There’s also a common misconception that Lasting Powers of Attorney (LPAs) are only relevant for older people. In reality, LPAs are just as important for younger individuals. Accidents or unexpected illness can affect anyone, and having an LPA in place ensures your affairs can be managed by someone you trust if you’re unable to do so yourself. A financial LPA can even be used while you still have capacity – for instance, if you’re in hospital or abroad and need someone to deal with bills, accounts or property.

An LPA allows you to choose someone (your Attorney) to make decisions on your behalf if you lose capacity through illness, injury or any other condition. Without one, your loved ones would need to apply to the Court of Protection for authority to act – a time-consuming and expensive process that removes your ability to decide who should manage your affairs. It can also be a flashpoint for family disagreements, particularly in complex or high-value estates.

There are two types of LPA. A financial LPA lets someone handle your property, money and investments. It can be used with your permission while you still have capacity or will continue if you lose it. A health and care LPA only takes effect once you no longer have capacity and covers decisions about your treatment, living arrangements, and daily care. It can also include decisions about life-sustaining treatment if you expressly permit it.

To make an LPA, you must appoint one or more Attorneys over the age of 18. These could be relatives, friends, or professionals. You can specify whether they must act together or if they can act independently. You can also appoint replacements to step in if needed. As a safeguard, you may choose people to be notified when your LPA is registered – they have the right to raise any concerns. You’ll also need a certificate provider to confirm that you understand what you’re signing and that you’re doing so freely. This must be a professional or someone who’s known you for at least two years, but not a family member.

If your circumstances or preferences change, LPAs are revocable at any time. A short document can be signed to cancel the arrangement, and if it has been registered, the Office of the Public Guardian must also be notified.

Putting an LPA in place isn’t about expecting the worst – it’s about being prepared and ensuring that, whatever happens, your affairs are handled by someone you trust.