Lasting Power of Attorney (LPA): What It Is and Why It Matters

By Mollie Cook

27th May 2026

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted person (Attorneys) to make decisions on your behalf if you lose the ability to do so yourself.

Loss of mental capacity can happen at any time due to illness, injury, or conditions such as dementia. Without an LPA in place, even close family members may not have the legal authority to act for you.

The two types of LPA:

There are two types of LPA, each covering different decisions:

1. Property and Financial affairs LPA - allows your attorney to manage bank accounts, pay bills, handle investments and deal with property.

2. Health and Welfare LPA - covers decisions about medical treatment, care and where you live

Many people choose to put both in place to ensure all aspects of their affairs are covered.

Why is an LPA important?

It is a common misconception that a spouse or family member can automatically take control of your affairs if something happens. In reality, this is not the case.

Without an LPA:

• Access to your finances may be restricted

• Essential payments and financial commitments could be missed

• Decisions about your care or treatment may be delayed

• Your family may need to apply to the Court of Protection for authority

Applying to the Court of Protection can take several months, involve ongoing supervision, and be significantly more costly than setting up an LPA in advance.

What happens if you don't have one?

If you lose mental capacity without an LPA, your loved ones may need to apply to become a Deputy through the Court of Protection.

This process:

• Can be time consuming and stressful

• May involve court fees and legal costs

• Often requires ongoing reporting and supervision

Planning ahead with an LPA helps avoid these complications and gives you greater control over what happens.

When should you set up an LPA?

You must have mental capacity when creating an LPA, so it's important not to leave it too late. Many people choose to arrange an LPA alongside making a Will as part of their wider estate planning.

What are the benefits?

Having an LPA means you can:

• Choose someone you trust to act for you

• Provide guidance on how decisions should be made

• Ensure your finances and day-to-day affairs continue smoothly

• Reduce stress, costs and uncertainty for your family

• Avoid delays, costs and legal complications

How we can help

Setting up an LPA involves specific legal requirements and formalities. We can guide you through the process, ensure everything is completed correctly and tailor the document to reflect your personal circumstances and wishes.

Setting up an LPA may be one of the most important legal decisions you make for not only yourself but your family. If you would like advice which is tailored to your circumstances get in touch with one our team today. We are here to guide you through the process with clarity.