12/11/2025
The Importance of Making Lasting Powers of Attorney (LPAs)
When planning for the future, most people understand the importance of making a Will. It ensures that your estate is distributed according to your wishes and provides peace of mind for your loved ones. However, there is another vital legal document that is often overlooked — the Lasting Power of Attorney (LPA).
What is an LPA?
A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint trusted individuals (your attorneys) to make decisions on your behalf if you lose the mental capacity to do so yourself, or if you simply want them to assist you.
There are two main types of LPA:
Property and Financial Affairs LPA – covers decisions about your money, property, and financial affairs.
Health and Welfare LPA – covers decisions about your health care, living arrangements, and daily welfare.
Both types can be registered with the Office of the Public Guardian (OPG) and activated when needed.
Why LPAs Are So Important
1. Planning for the Unexpected
Mental incapacity loss can strike at any time, and sometimes unexpectedly — through illness, accident, or older age. Without an LPA in place, your loved ones could face significant legal and financial hurdles in managing your affairs. Having an LPA ensures that someone you trust can step in immediately to make important decisions.
2. Avoiding Court Delays and Costs
If you lose mental capacity without an LPA, your family must apply to the Court of Protection for a Deputyship Order to act on your behalf. This process is lengthy, costly, and emotionally draining — and the court decides who will act for you, not you or your family. An LPA avoids this uncertainty and expense.
3. Maintaining Control and Choice
Creating an LPA while you are still mentally capable gives you control over who handles your affairs and how they do so, ensuring your wishes are respected.
4. Protecting Loved Ones
Having an LPA in place makes things far easier for family members at a difficult time. Instead of struggling with red tape, they can focus on your wellbeing, knowing they have the legal authority to act on your behalf.
5. Peace of Mind
An LPA is an essential part of a complete life plan. It brings peace of mind, knowing that you’ve taken every step to protect yourself and your loved ones, whatever the future holds.
When Should You Make an LPA?
The simple answer is now. An LPA can only be made while you have mental capacity, so it’s best to set it up early — long before it’s needed. LPAs are not just for the elderly; anyone over 18 should consider having one in place as part of their broader estate planning.
How a Professional Can Help
While it’s possible to complete an LPA yourself, many people prefer to seek professional advice to ensure it’s done correctly and reflects their wishes clearly. Many LPAs are rejected by the OPG when being registered for a number of reasons. A qualified will writer or estate planning professional can:
• Help you understand your options and the implications of your choices.
• Draft your LPA accurately and avoid common pitfalls.
• Ensure it is properly witnessed, signed, and registered with the OPG.
My Services – Supporting You Every Step of the Way
As part of my commitment to providing a personal, stress-free service, I offer a Free Home Visit across Suffolk and Essex.
This means you can discuss your LPAs (and Wills, if required) in the comfort of your own home, at a time that suits you. I’ll guide you through the entire process with clear, friendly advice — ensuring your documents are legally sound and reflect your exact wishes.
In Summary
Your Will takes care of what happens after you pass away. Your LPAs take care of what happens while you’re still alive. Both are essential tools for safeguarding your future and protecting your family.
Taking the time to make your LPAs now ensures that your affairs will be managed smoothly and in accordance with your wishes — no matter what life brings.
