I’m too young for a Lasting Power of Attorney… or am I?

Most of us don't think about losing our independence until it happens. But illness, injury or a sudden diagnosis can affect anyone, at any age and without the right documents in place, the people you love may be left without the legal authority to help you when it matters most.

A Lasting Power of Attorney (LPA) lets you choose someone you trust (called your 'attorney') to make decisions on your behalf if you're ever unable to do so yourself. Creating an LPA is one of the most straightforward and cost-effective steps you can take to protect yourself and your family.

The two types of LPA

There are two distinct LPAs, and you can choose to make one or both depending on your circumstances.

Property & financial affairs

Your attorney can manage your:

• Bank accounts and finances
• Bills and tax affairs
• Investments and pensions
• Property
• Can be used even if you still have capacity (with your consent)

Health & welfare

Your attorney can make decisions about:

• Medical care and treatment
• Your daily routine
• Life-sustaining treatment
• Only used if you lose mental capacity

Who can be your attorney?

Attorneys are typically family members, close friends, or professionals such as solicitors. You can appoint more than one and it's also possible to name replacements in case your first choice is ever unable to act.

You also have control over how your attorneys act, for example, requiring them to agree on every decision together or allowing some decisions to be made individually.

What happens without an LPA?

Without an LPA, a loss of capacity means your family or friends have no automatic legal authority to act for you. To gain that authority, they would need to apply to the Court of Protection, a process that can be lengthy, expensive and stressful, with significant delays at a time when decisions may be urgently needed.

A few practical points

• LPAs must be registered with the Office of the Public Guardian before they can be used. Registration currently takes around 3-4 months from submission.
• LPAs remain valid for your lifetime unless you choose to cancel them.
• It's essential that you trust your chosen attorneys completely; they will be empowered to make all decisions in your best interests.

Get expert help with your LPA

At LCF Law, we work on a fixed-fee basis and can tailor your LPAs to your specific circumstances, including placing restrictions to protect a business or align with your Will.

Ann Christian, Head of Personal Law and member of STEP and the Association of Lifetime Lawyers, has extensive experience preparing LPAs and can guide you through every step. Contact Ann on 01943 885 782 or email ku.oc1780624251.fcl@1780624251naits1780624251irhca1780624251 to arrange a consultation.

This article was drafted by Samera Khan, a paralegal in our Personal Law team.

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