Why a Lasting Power of Attorney Is One of the Most Important Documents You Can Have

Life can change in an instant. It might be a slow decline in a parent's health, or a sudden accident that leaves someone unable to make decisions for themselves. Either way, the point at which a family realises they need legal authority is usually the point at which it is too late to arrange it.

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A Lasting Power of Attorney, or LPA, is the document that prevents that.

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What people usually assume, and why they are wrong

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Four assumptions come up again and again, and each one causes problems.

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The first is that having a will is enough. But, a will only takes effect when you die. An LPA is what your family needs if you lose mental capacity while you are still alive, and the two documents do entirely different jobs.

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The second is that a spouse or partner can simply step in. They can't, not without an LPA. A husband, wife or civil partner has no automatic right to access bank accounts or make medical decisions on the other's behalf.

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The third is that it can wait. Accidents and illness do not respect age, and once capacity is lost, it is no longer possible to make an LPA at all. The document has to be in place before it is needed.

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The fourth is that the forms can be done online without help. They can, but a small error can cause them to be rejected, and rejection means starting again at exactly the point when time may be short.

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What happens without one

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Without an LPA, your family has to apply to the Court of Protection for a deputyship order. That brings four practical difficulties.

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It is slow. The court can take twelve months or more to decide whether someone can act as deputy, and it may restrict which decisions they are permitted to make.

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It removes your choice. The person who applies may not be the person you would have appointed.

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It is considerably more expensive than putting an LPA in place.

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And it is stressful at a point when a family is already under strain. While they wait for an order, they may be unable to access your bank account even to confirm that the monthly bills are being paid.

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There is also no guarantee of success. If the court refuses the application, your family may be unable to act at all.

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Why it is worth getting help

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An LPA looks like a simple form, but it is a legally binding document, and the detail matters.

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Using a solicitor means the forms are completed accurately and registered without delay. It means your capacity to make the LPA is assessed and confirmed by an experienced solicitor, which reduces the risk of a later challenge. And it means you receive proper advice about who to appoint, and about how and when they should be able to make decisions for you.

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The most important step is doing it early

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Whether you are planning ahead for yourself or helping elderly parents, the thing that matters most is acting before there is a problem.

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You can find out more about how our team can help at: https://marsons.co.uk/services/personal/lasting-power-of-attorney