The Mistake Families Often Discover Too Late: Not Having a Lasting Power of Attorney in Place

Most people do not think about Lasting Powers of Attorney until something happens. A diagnosis, an accident, a phone call that changes everything. By that point, it is just too late to put one in place, and the consequences for families can be far more difficult than anyone anticipated.

A Lasting Power of Attorney is a legal document that allows you to appoint trusted people to make decisions on your behalf if you ever lose the ability to make them yourself. There are two types: one covering Property and Financial Affairs, and one covering Health and Welfare. Together, they ensure that the people you trust most can step in and act for you if circumstances change, without having to navigate a lengthy and expensive legal process to do so.

The most common misconception is that LPAs are something to think about in later life. In reality, loss of mental capacity is not exclusive to old age. Strokes, serious illness, brain injuries and accidents can affect people at any stage of life and can happen without warning. The question is not whether you are likely to need an LPA now, but whether the people you love would be able to help you if you did.

Many families are surprised to discover that even their closest relatives have no automatic legal authority to act on someone's behalf. A spouse, civil partner or adult child cannot simply step in and manage bank accounts, pay bills or make healthcare decisions without formal legal authority in place. Banks, investment providers and healthcare professionals require documented permission before they can discuss matters with another person, let alone allow decisions to be made.

Without an LPA, the alternative is an application to the Court of Protection, which is the legal route families must take when capacity has already been lost. It is a process that can take many months, involves considerable cost and places significant administrative responsibility on the people applying, at what is already an extremely difficult time. It is also entirely avoidable with the right planning in place beforehand.

An LPA puts you in control. You choose who acts for you, and you can provide guidance about your preferences and wishes so that decisions are made in the way you would want them to be. That peace of mind extends to the people around you too, who can act quickly and confidently if they ever need to.

There is one thing that cannot be changed: an LPA can only be created while you have the mental capacity to understand and sign the document. Once that capacity is gone, the option is no longer available. That is why so many people choose to put LPAs in place at the same time as making or updating their will, treating both as part of the same conversation about protecting what matters most.

At Marsons Solicitors, our private client team helps individuals and families put Lasting Powers of Attorney in place before they are ever needed. If you would like to understand more about the process or discuss your own circumstances, we would be very happy to help.

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