Lasting Power of Attorney: Why Families Should Plan Ahead

What is a Lasting Power of Attorney?

A lasting power of attorney, often called an LPA, is a legal document that lets you choose someone you trust to make decisions for you if you lose the ability to do so yourself. It can provide reassurance that important matters will be handled by someone you know and trust, rather than left to chance. Putting an LPA in place early is a sensible way to protect your future and your family's peace of mind.

The person making the LPA is known as the donor, and the person chosen to act is called the attorney. You can appoint one or more attorneys, depending on your wishes and circumstances, and you can decide how they should act for you. An LPA is a forward-planning document, so it is not usually used straight away, but it is there ready if the time comes.

Why Should You Make One Before It Is Needed?

It is best to make an LPA while you still have full mental capacity, because that means you can think through your options calmly and carefully. You can decide who should act for you, what powers they should have, and how you would like your affairs to be managed. Once capacity is lost, those choices may no longer be available to you.

Early planning gives you control and can spare your loved ones difficult decisions later on. It also helps reduce uncertainty, delay, and the possible need for a court application if no valid LPA is in place. Making arrangements now can provide welcome peace of mind for you and your family.

Health and Welfare vs. Property and Financial Affairs

A health and welfare LPA covers decisions about your personal wellbeing, including:

• medical treatment
• care arrangements
• daily routine
• and living decisions.

It can help ensure that the people making decisions understand your wishes and best interests. This type of LPA only takes effect when you no longer have the capacity to make those decisions yourself.

A property and financial affairs LPA covers matters such as:

• bank accounts
• paying bills
• pensions
• property
• and investments.

It can be useful if you need someone to manage your finances, whether temporarily or for a longer period. Many people choose to make both types of LPA so they have more complete protection in place.

What Can Go Wrong without an LPA?

Without an LPA, families can face real practical problems if someone loses capacity unexpectedly. Banks and other organisations may refuse access to money or information, and it may be unclear who has authority to make decisions. This can create delay at exactly the time when quick action is needed most.

The absence of an LPA can also bring emotional strain, family disagreement, and added expense. Loved ones may have different views about what should happen, and the family may need to apply to the Court of Protection to appoint someone to act. That process can take time, cost money, and add stress to an already difficult situation.

How Gales Solicitors Can Help

An LPA is a legal document, so it should be prepared with care and drafted by a solicitor wherever possible. There are traps that can lead to an application being rejected, and correcting those mistakes can take time and cost money. As a reminder, The OPG rejects tens of thousands of lasting power of attorney applications every year.

We can also explain the different types of LPA to help you decide which option best suits your needs. We can assist you in completing forms, ensuring your wishes are set out clearly, reducing the risk of a rejected application.

At Gales Solicitors, we offer personal, tailored advice from our offices in Bransgore, Tuckton, and Winton. We are able to provide practical support in a friendly and professional way, and home visits are available if needed.
Our aim is to make the process as straightforward and reassuring as possible for you and your family.

Our Team is Happy to Help

Planning ahead with an LPA can make a real difference by protecting your loved ones and reducing stress later on. It gives you the chance to stay in control and make clear decisions while you are able to do so. If you would like advice or support, contact Gales Solicitors to arrange an appointment.