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Have a question? Call us on 01625 503 444
This article was published on April 7th, 2025
You may have seen The Martin Lewis Money Show on ITV recently where he discussed the importance of Lasting Powers of Attorneys (LPAs). I must say I was pleased to see that this was being discussed on mainstream television, as I don’t think they are spoken about enough amongst the general public. It is a topic that comes up often in our Private client department here at Thorneycroft Solicitors. We always try to advise on the importance of these documents to our clients when we are discussing their personal affairs.
When discussing LPAs with clients there tends to be a mixed bag of responses. Some are already well-informed, having acted as attorneys for friends or relatives, and often go on to set up their own LPAs after gaining first-hand experience. Some sheepishly admit to knowing what they are but just haven’t got around to ticking it off their “to do list”. Additionally, you have others that just aren’t sure what LPAs are and if they are even necessary.
So what does a power of attorney do? For some of you, this article may give an insight into why LPAs are so important and for others it may just be a recap on what you already know. However, regardless of your knowledge of LPAs, I urge you to keep reading. It could be helpful to you or someone close to you and could give you the nudge you needed to have the conversation with them.
In short, LPAs are documents that are drafted to appoint someone of your choice that you trust to manage your affairs. There are two types of LPA, one which deals with your property and financial decisions and the other which deals with your health and welfare.
Within an LPA, you can state instructions which must be followed and include any preferences which you would like your attorneys to take into consideration when making decisions on your behalf. Whether you opt for one LPA or both, the decision is completely yours.
You don’t have to be wealthy, or own any property, to have a Property and Financial Affairs LPA. This type of LPA allows your chosen attorney to manage even a small amount of funds or help them liaise with the DWP should they need to regarding any benefits you may be receiving.
One of the common concerns people have about setting up LPAs is that they are giving away their power and control to someone else.
Whilst I can understand why it may feel like you are giving up control over things that are important to you, on the contrary, putting LPAs in place is empowering and allows you to take control in deciding who will manage your affairs should you need someone to step in.
A popular misconception is that only elderly people need LPAs or this is something that should be put in place later in life. This is far from the truth, we all know that life happens and it is not unheard of for someone who is young, fit and healthy to lose mental capacity due to a sudden illness or an accident. Anyone aged 18 years and over can have LPAs put in place and we will always recommend that you have them.
LPAs can be set up when you know you will need them in the future due to a possible health diagnosis. However, it really is best practice to have them in place as soon as possible, even if you don’t think you will need them.
Hopefully the answer is nothing at all. Ideally, you will continue to manage your own affairs without any issues, unfortunately, that is not always the case.
In the event that you lose mental capacity without having an LPA in place, the decision regarding who manages your affairs is no longer your own. Leaving you open to a situation where someone that you haven’t chosen takes control of your affairs. In these unfortunate circumstances, the option of having LPAs put in place is no longer available and an application through the Court of Protection will need to be made. This will leave your day to day affairs in limbo until the court is able to grant authority for someone to make decisions on your behalf. This could leave bills, including your mortgage, unpaid or no care plan in place that takes into consideration your wants and preferences until this is resolved. This is a very lengthy and costly process, one that can be avoided with LPAs put in place whilst you still have the mental capacity to make a choice and appoint someone you trust.
LPAs are important because everyone has things that need to be managed and we all should ensure we have someone ready to step in should we not be able to. Making the choice of who those trusted people will be should be yours, so it is important to make the decision whilst you know that you still can.
Thorneycroft Solicitors have a number of legal specialists who are happy to discuss the options specific to your situation. In the event that you do not have someone that you trust to manage your affairs, we may be able to assist you by acting as your chosen attorney should you need us to.
If you have any queries or would like some assistance with Private client matters, our Private client team here at Thorneycroft Solicitors will be happy to assist. Contact us today on 01625 503444 or email [email protected].
Written by Sharlene Reid, Solicitor and Deputy Head of Private client.
To learn more about the importance of LPAs, listen to our legal hour with Sharlene on Silk Radio below.
