Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.
Written by Jackie Miller, Legal Manager.
When planning for the future, many of us concentrate on wills, pension pots and savings. But what happens while you’re still alive — if, for example, illness strikes, you’re injured or you develop a degenerative condition? That’s where a Lasting Power of Attorney (LPA) becomes not just useful, but essential.
Martin Lewis, the MoneySavingExpert, has been sounding the alarm on this. He recently said: “I think a Power of Attorney is more important than a will.” This is because it governs your assets while you’re still alive, not after death. He also warned that without one, families must resort to the Court of Protection to manage finances or care, a path he describes as: “slow, costly and stressful.”
I agree with everything he said, and I believe that LPAs should be a standard part of everyone’s future-proof planning.
Let’s start from the beginning: What is an LPA, and why does it matter?
A Lasting Power of Attorney is a legal document which appoints one or more trusted persons, who are called your ‘attorneys’. They can make decisions on your behalf should you lose capacity. In England and Wales there are two main types:
Property & Financial Affairs: these cover your bank accounts, investments, bills, even decisions to sell property. If you choose, this type can be used while you still have capacity once registered.
Health & Welfare: these permit your attorney/s to make decisions about medical care, living arrangements, or life-sustaining treatment. This one can only be used when you lose capacity.
The reason LPAs matter is simple: because our mental capacity is not guaranteed. Accidents, strokes, dementia or sudden illnesses can impact anyone, at any age. Without an LPA in place, the assumption that ‘family will step in’ fails, as legally, no one – except a court-appointed deputy – can make decisions on your behalf.
If there is no LPA, your loved ones must apply to the Court of Protection for deputyship which is a process that can take months, cost thousands in legal fees, and leave decisions around things like bills, property, and care) in limbo. Put simply, an LPA protects your autonomy, spares your family bureaucratic hardship, and ensures your wishes, be they financial or medical, are more likely to be respected.
Why I believe more people need to take LPAs seriously.
Firstly, many people wrongly assume their next of kin will have control. A surprisingly large number of people believe that if they lose capacity, their spouse or children can step in automatically. That’s incorrect. Without an LPA, banks, pension firms and care homes often refuse to co-operate and insist on court orders instead. Martin Lewis cited real examples of partners being refused access to funds because no LPA exists.
Application errors lead to rejections and delays. It’s not uncommon for LPA applications to be rejected due to mistakes such as incomplete forms, improper witnessing, or poor handwriting. In a recent article in The Times, it was stated that over 50,000 applications were refused by the Office of the Public Guardian in 2023/ 24 for just such reasons. Those rejections delayed access, often critically so, for families who were already under stress.
LPAs are relevant to all ages, not just the elderly. As Martin Lewis pointed out, capacity loss can happen at any time. A serious accident or a sudden illness can leave a 30 or 40-year-old incapacitated for a period. No one wants to think about that but why wait until old age to cover yourself?
Safeguards exist, and can be baked in. A common concern is abuse; for example, what if the attorney misuses the power? There are systems in place. You can specify conditions, restrictions or co-attorneys; you can choose people to be notified when the LPA is used; and the OPG can investigate complaints. Martin Lewis described how he has his spouse as his attorney, plus three independent friends who must be notified and could raise objections should misuse be suspected. Of course these are safeguards aren’t foolproof, and vigilance matters.
Here’s what I believe should happen and what individuals can do now:
Raise awareness: The public needs to hear more voices like Martin Lewis’s on why LPAs
matter. Media, financial advisers, GP clinics all ought to treat LPAs as essential.
Encourage early action: Don’t wait until retirement or illness. Anyone over 18 (with capacity) should think about creating LPAs now.
If you haven’t already, seriously consider setting up LPAs that are right for you. Use a reputable solicitor, check your forms carefully, and register them properly. Yes, there’s a cost, but that’s a small price to pay compared to the emotional, financial and legal chaos families face when capacity is lost without protection.
Martin Lewis’s message is blunt but right: this is one of the most important documents you can have. Don’t leave your future to chance. Empower someone you trust today so your wishes can be honoured tomorrow, whatever may come.
If you would like to discuss creating an LPA, please contact me on 01457 860606.
