Importance of Lasting Powers of Attorney: Why You Shouldn’t Wait

Life is full of uncertainties – a loved one suddenly loses the ability to make decisions due to illness or an accident. You assume you can step in—but legally, you can’t. Without a Lasting Power of Attorney (LPA), even close family members are powerless to act.

An LPA offers a practical solution, allowing you to make arrangements in advance so that your affairs can be managed smoothly if you become unable to make decisions for yourself. Without an LPA, your loved ones could face lengthy and complicated legal processes to obtain the authority to act on your behalf, potentially delaying decisions and adding unnecessary strain during an already challenging time.

What Is an LPA?

An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types:

• Health and welfare LPA – lets someone you trust make decisions about your care—like medical treatment, daily routines, or where you live—if you ever can’t do so yourself. It only comes into effect if needed, but having it in place brings peace of mind and guidance for your loved ones down the line.
• Property and financial affairs LPA – lets someone you trust help manage your money—like paying bills, handling accounts, or even selling property. You can choose to let them step in right away or only if you lose mental capacity, giving you support when needed while still staying in control.

Why You Shouldn’t Wait

You must have full mental capacity when you create an LPA. If you delay and lose capacity, your loved ones will need to apply to the Court of Protection for a deputyship—a process that’s expensive, time-consuming, and emotionally draining. Acting early gives you control, clarity, and peace of mind.

Common Misconceptions

• “I’m too young for this.”

This is something we hear often, and it’s completely understandable—after all, when you’re healthy and independent, thinking about a time when you might not be feels far off. But the truth is, unexpected events like accidents, illness, or sudden changes in mental capacity can happen at any age. Life doesn’t wait for the ‘right time’ to throw us curveballs. Having an LPA in place isn’t about expecting the worst—it’s about being prepared, just in case.

• “My spouse can decide for me anyway.”

It’s easy to think your spouse or partner could automatically make decisions for you—but without an LPA, they don’t have the legal authority. Setting one up ensures they can step in when it really matters

• “I’ll do it when I need it.”

It’s easy to think, “that won’t happen to me,” but the truth is that many people—often unexpectedly—lose the ability to make decisions for themselves. The important thing to know is that you can only set up an LPA while you still have mental capacity. Once that’s gone, it’s too late.

• “I already have a will, so I don’t need LPAs.”

A Will and an LPA are two different but equally important parts of planning ahead. Your Will takes effect only after you pass away—it sets out what happens to your estate and belongings. LPAs, on the other hand, is used during your lifetime and lets someone you trust step in to help with decisions if you’re ever unable to manage things yourself. Having both in place means you’re covered—now and in the future.

Benefits of LPAs

Decide who you trust to make decisions for you

An LPA puts you in the driver’s seat—you get to choose who’ll make decisions for you if you’re ever unable to. That could be a trusted family member, a close friend, or a professional you rely on. You can even add your own instructions or preferences to guide them. An LPA helps make sure things are done your way—even if you’re not in a position to say so at the time.

Make things smoother for everyone

Without an LPA, it can be unclear who should make important decisions if you’re no longer able to. That uncertainty can sometimes lead to family disagreements and added stress—especially when time is short and emotions are running high. Putting an LPA in place helps make things clearer from the start, so everyone knows who’s responsible and what your wishes are—easing pressure and helping to avoid conflict when it matters most.

Planning now means less worry later

Having your wishes clearly written down in a legal document can be a real comfort—not just for you, but for the people who care about you. It gives your loved ones’ clear direction at a time when emotions might be running high. Whether it’s handling finances or making choices about care and treatment, an LPA helps take away uncertainty and makes things that bit easier when it really counts.

Contact Private Client Solicitors to set up your Lasting Powers of Attorneys

Setting up LPAs is a wise and considerate move to help secure your future. It allows you to protect your wishes while sparing your loved ones from added stress if challenging decisions need to be made on your behalf.

At Private Client Solicitors, we’re here to help you take the next step with confidence. We take pride in guiding our clients through the process of setting up LPAs—making things clearer and more reassuring along the way. If you have any questions or would like a hand with anything not covered in this guide, our friendly team is just a phone call or email away.