Lasting Powers of Attorney – Why Are They So Important?

Lasting Powers of Attorney (LPAs) are documents that give an individual you trust (your attorney) the legal authority to make decisions on your behalf, should you either lose the mental capacity to make them or no longer wish to make these decisions yourself.

Lasting Powers of Attorney come in two forms:

• Property & Financial Affairs
• Health & Welfare

So, How Can They Help?

Property & Financial Affairs LPA

This covers things such as:

• Running your bank and savings accounts
• Making or selling investments
• Paying bills
• Buying or selling property
• Applying for benefits

Health & Welfare LPA

This covers things such as:

• The type of health care and medical treatment you receive (including decisions on life-sustaining treatment)
• Where you live
• The type of care that you receive in areas such as diet and daily routine

Given the wide range of areas that these documents cover, it becomes quite obvious as to why they are so important.

How Many People Have Them?

There are now more than 9 million lasting powers of attorney and enduring powers of attorney on the Office of the Public Guardian's register for England and Wales. That sounds a lot, but it still leaves the majority of adults without one — and research suggests most people over the age of 55 do not have one in place.

That is concerning given how valuable these documents are. (Source: Office of the Public Guardian annual report, 2024/25.)

Why Do So Few People Have Them in Place?

Common Misconception:

One of the most commonly mentioned reasons is that people assume that their spouse will automatically have the right to make decisions for them should they ever reach the stage where they are unable to.

This is a common misconception. It is very often discovered far too late that they actually have no legal authority at all.

Cost Concerns:

Cost is another reason people put it off. However, the costs for this type of work are minimal, so cost should not be a reason to delay.

What Should You Do?

The answer is quite simple: get on and set up both types of LPA as soon as you can.

It is never too soon to set one up, but it certainly can be too late. By law, once your mental capacity has gone, so has your opportunity to appoint attorneys to act on your behalf.

What Happens If You Don't Plan Ahead?

At this point, your loved ones will be required to go down a different route and apply to the Court of Protection for a Deputyship order. This requires:

• More forms
• More cost
• More time

All of which can be easily avoided with a bit of forward planning.

Next Steps

If setting up Lasting Powers of Attorney is something that you think would benefit you and your loved ones, please feel free to contact us. We can discuss how they can be put in place in a way that is best suited to your own personal requirements.

We work with clients across Norfolk to help them put proper legal arrangements in place.

Important: This article is for information only and does not constitute legal advice. Lasting Powers of Attorney are legal documents with specific requirements and implications. We recommend working with a qualified solicitor or legal adviser to set up LPAs properly. Each person's circumstances are different, and professional advice is essential to ensure the correct arrangements are in place.

For a confidential discussion about Lasting Powers of Attorney, please contact us.