A Will protects your wishes when you die. A Lasting Power of Attorney gives you control over what happens if you lose the ability to make decisions while you are still alive. It allows you to choose who can make decisions for you if you cannot act for yourself.

What a Lasting Power of Attorney is

A Lasting Power of Attorney (LPA) is a legal document in which you appoint trusted people, known as attorneys, to make decisions for you. You might need this if you have an accident, become seriously ill, are confined to bed or hospital, or lose mental capacity because of an age-related condition such as dementia.

There are two types of Lasting Power of Attorney in England and Wales.

1. Property and financial affairs

This allows your attorneys to manage your bank accounts, pay bills, deal with your mortgage, and look after your financial affairs.

2. Health and welfare

This allows your attorneys to make decisions about your medical treatment, care arrangements, and if you choose to give this authority, life-sustaining treatment such as resuscitation.

You can appoint the same people for both roles or appoint different people for each role.

When your attorneys can act

A Health and Welfare Lasting Power of Attorney can be used only when you are no longer able to make decisions for yourself.

A Property and Financial Affairs Lasting Power of Attorney can be used while you still have mental capacity, but only with your consent. If you later lose capacity, your attorneys can continue to act. This gives you flexibility to receive help with daily finances while staying in control.

Registration with the Office of the Public Guardian

A Lasting Power of Attorney is not legally effective until it has been registered with the Office of the Public Guardian. Registration usually takes about eight to ten weeks, so it is sensible to prepare and register the documents well before you need them. If you wait until your capacity begins to decline, you may find that you can no longer complete the process.

Why joint accounts and next of kin are not enough

There is a common misconception that family members automatically have the right to make decisions for you. This is rarely the case.

• Joint Accounts: A joint bank account does not guarantee access. A bank may freeze a joint account if one account holder loses mental capacity, which can prevent the other person from paying bills.
• Sole Names: You cannot automatically access accounts or investments in someone else’s sole name.
• Next of Kin: “Next of kin” is not a legal status. Only someone you have formally authorised, usually through a Lasting Power of Attorney, can make decisions for you. A spouse or long-term partner has no automatic right to make medical or care decisions without the correct authority.

A Lasting Power of Attorney gives clear authority to the people you trust.

The cost of doing nothing

If you lose capacity without a Lasting Power of Attorney, your family may need to apply to the Court of Protection for a Deputyship Order. This process is slower, more expensive, and more stressful. It involves court fees, legal costs, and ongoing reporting duties. Preparing Lasting Powers of Attorney in advance usually avoids these burdens.

Dementia and the risk of delay

Conditions such as dementia can progress quickly. If your capacity declines before you have signed your Lasting Powers of Attorney, you may no longer be able to make them. Your family may then wait more than six months for a Deputyship Order, during which time they may be unable to access funds or make important decisions on your behalf.

Why you should act now

Lasting Powers of Attorney are a practical part of planning for adulthood. They allow you to choose who will act for you, reduce stress and uncertainty for your family, and avoid unnecessary cost.

Creating your documents while you are well and independent gives you the strongest protection.