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Your Guide To

Making a Lasting Power of Attorney

What an LPA actually is, why it matters at any age, and the myths that stop too many people making one in time.

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What Is an LPA The Two Types Why It Matters Common Myths Choosing an Attorney FAQs

What Is an LPA?

A Will protects what happens after you die. A Lasting Power of Attorney (LPA) protects you while you're alive, if you're ever unable to make decisions for yourself, whether through illness, an accident, or a temporary loss of capacity.

It's a legal document that lets you choose, in advance and on your own terms, exactly who steps in to make decisions on your behalf. Without one, that choice is taken out of your hands entirely.

The Two Types of LPA

Property & Financial Affairs

Your attorneys can manage your bank accounts, pay your bills and mortgage, deal with your tax affairs, and buy or sell property on your behalf.

Health & Welfare

Your attorneys can make decisions about where you live, your day-to-day care, and your medical treatment, if you're unable to decide for yourself.

You can make one or both, and many people choose to put both in place at the same time for complete protection.

Why It Matters

Without an LPA in place, your family has no automatic right to manage your affairs if you lose capacity, no matter how close you are or how obvious it seems that they should be able to. Instead, they'd need to apply to the Court of Protection to be appointed as a deputy.

That process is slow, often taking months, comes with ongoing fees an LPA doesn't have, and there's no guarantee the court will appoint the person you would have chosen yourself.

It's often best thought of as insurance: something you hope never to need, but are glad to have in place if the worst happens.

Common Myths About LPAs

Myth
LPAs are only for elderly people.
Fact
Capacity can be lost at any age. Accidents, illness, and injury don't check your date of birth. Many LPAs are made by people in their 30s and 40s, precisely because the need can arise unexpectedly.
Myth
My spouse or family can access my bank account automatically if something happens to me.
Fact
They can't, without an LPA. Banks are legally required to freeze access once they're aware you lack capacity, regardless of your relationship to the person asking.
Myth
I can set one up later, once I actually need it.
Fact
An LPA can only be made while you have full mental capacity. Once capacity is lost, it's too late, and your family is left applying to the Court of Protection instead.
Myth
Making an LPA means giving up control immediately.
Fact
You decide when it's used. A Property & Financial Affairs LPA can be set to only activate if you lose capacity, and you can place restrictions on what your attorneys can and can't do.
Myth
A Will covers this already.
Fact
A Will only takes effect after death. It has no legal power at all while you're alive, which is exactly the gap an LPA is designed to fill.

Choosing Your Attorney

Your attorney should be someone you trust completely and who is willing to take on the responsibility. You can appoint:

It's worth discussing this with the people you're considering beforehand, so everyone understands what's being asked of them.

Frequently Asked Questions

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you're ever unable to make them yourself, whether through illness, an accident, or a temporary loss of capacity.
Property & Financial Affairs, which covers your bank accounts, bills, and property, and Health & Welfare, which covers decisions about your care, medical treatment, and daily welfare.
Yes, as long as you're 18 or over and have mental capacity. Loss of capacity isn't limited to older age, it can happen at any age through an accident, illness, or injury.
Your family would need to apply to the Court of Protection to be appointed as a deputy, a lengthy and costly process with no guarantee they'll be appointed, and with far less flexibility than an LPA gives you.
A Health & Welfare LPA only comes into effect if you lose capacity. A Property & Financial Affairs LPA can be set up to be used immediately with your permission, or only once you lose capacity, whichever you prefer.
Yes, as long as you still have mental capacity, you can cancel or amend your LPA at any time.
Someone you trust completely, who is willing to take on the responsibility. You can appoint more than one attorney, and decide whether they must act together or can act independently.
At Swift Legacy, a single LPA starts from £325, with both LPAs for one person available together at a reduced combined rate. There is also a separate government registration fee payable to the Office of the Public Guardian.

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