Why it’s important to make a Lasting Powers of Attorney
Creating Lasting Powers of Attorney (LPA) is important because it ensures that if you lose the mental capacity to make decisions, someone you trust can legally act on your behalf. Here is why it matters:
Control over who acts for you
Without a LPA, if you lost mental capacity (due to illness, accident, dementia etc.), decisions about your health, financial or welfare may be made by someone appointed by the court – not necessarily someone you would choose.
Financial protection
A LPA for Property and Financial Affairs lets your chosen person (attorney) manage our bank accounts, pay bills, collect benefits, and sell property if needed. Without out, loved ones may face legal delays accessing your funds.
Health and Welfare Decisions
A LPA for Health and Welfare allows someone to make decisions about your medical treatment, care arrangements, and daily routine. This is only used if you lose capacity, giving you control in advance over who makes these deeply personal decisions.
Avoids delay and expense
If there is no LPA and you lose capacity, your family must apply to the Court of Protection for a deputyship, which:
Is costly
Can take months
Requires ongoing supervision and fees
Reduces stress for loved ones
Having a LPA in place makes things clearer and easier for those who care about you. It removes uncertainty during emotionally difficult times and can help prevent family disputes.
It must be done while you are mentally capable
Once you’ve lost mental capacity, it is too late to create a LPA. Planning ahead is the only way to ensure your wishes are respected.
LPAs are a key part of planning for the future. They provide peace of mind that your affairs will be handled by people you trust, according to your wishes, if you are ever unable to do so yourself.
If you have any questions regarding LPAs, please get in touch with our expert Wills & Probate team.
E: info@gudgeons-prentice.co.uk
T: 01449 613101