Lasting Powers of Attorney (LPAs) are needed because they protect you while you are alive – at the very moment you can’t make decisions for yourself. A Will only protects what happens after you die. LPAs protect your life, your wellbeing and your financies.
Here is why they are essential:
Because anyone can lose capacity - at any age
Lose of mental capacity can happen through:
- Stroke
- Dementia
- Brain injury
- Accident
- Severe illness
- Temporary unconsciousness (e.g. surgery complications or accidents)
If you lose capacity without an LPA:
- No one automatically has the right to act for you
- Not evan your spouse, partner or children
To ensure your wishes are followed
An LPA lets you choose someone you trust to make decisions for you – instead of the courts deciding.
You control:
- Who acts
- How they act
- What decisions they can make
- What decisions they must not make
- What guidance they have to follow
To avoid the Court of Protection taking over
If you lose capacity without an LPA in place:
- Your family must apply to the Court of Protection
- This may take 6 – 18 months
- It costs thousands in fees
- The court may appoint a stranger (a deputy) to make decisions
- Family members have limited control and strict reporting duties
With an LPA:
- Your chosen attornys step in immediatly
- There is no court process
- No delays
- No uncertainty
To protect your finances and property
The LPA for Property and financial affairs allows your chosen attorneys to:
- Pay bills
- Manage bank accounts
- Run your business
- Manage investments
- Sell a property if needed
- Handle tax matters
Without this LPA, your finances could freeze – evan if bills are due.
To protect your health, care and medical treatment
The Health and Welfare LPA covers:
- Medical treatment
- Life-sustaining treatment decisions
- Where you life
- Care home choice
- Daily routines
- Who can visit you
Without this:
- Doctors decide
- Social services decide
- Family may be consulted – but they have no legal authority
To protect your partner or spouse
Many people assume their spouse can automatically access accounts or make decisions.
They cannot without an LPA
Banks will refuse access and medical staff will decide treatment.
To avoid conflict between family members
If you don’t name attornys, relatives may disagree about:
- Your care
- your treatment
- where you should live
- How your money is used
This can lead to:
- Disputed
- Court involvement
- Loss of control
An LPA removes uncertainty and stops arguments.
To maintain business continuity
If you own or run a business, losing capacity without a financial LPA can:
- Freeze company accounts
- Stop payroll
- Block contracts
- Cause the business to collapse
A correctly drafted LPA can appoint a business specific attorney to keep it running.
It gives YOU control - before it's too late
An LPA can only be made while you have mental capacity.
Once capacity is lost:
- It is too late
- You cannot sign an LPA
- The court takes over
Putting LPAs in place now, protects your future choices.
