Many people believe that estate planning is only about Wills, but that is only part of the picture. A Will sets out what happens after you die. A Lasting Power of Attorney (LPA) protects you while you are still alive, ensuring someone you trust can step in to make decisions if you lose the ability to do so yourself.
In this article, we explain what Lasting Powers of Attorney in England and Wales are, the different types available, why they matter, and why professional advice is essential.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people (called attorneys) to make decisions on your behalf if you cannot. This might be due to illness, accident, or loss of mental capacity.
Without an LPA, your loved ones may need to apply to the Court of Protection to manage your affairs, which can be costly, stressful, and time-consuming.
The two types of Lasting Powers of Attorney
There are two types of LPA in England and Wales:
Property and Financial Affairs LPA
This allows your attorneys to manage your financial matters. They can pay bills, access bank accounts, manage investments, and make decisions about your home or property.
Health and Welfare LPA
This covers decisions about your medical treatment, care, and day-to-day welfare. Attorneys can decide where you live, what kind of care you receive, and even make life-sustaining treatment decisions if you wish.
Both LPAs can be set up together or separately, depending on your circumstances.
Why Lasting Powers of Attorney matter
Lasting Powers of Attorney in England and Wales are often overlooked. Many people think their spouse or children will automatically have the right to manage things if needed. Sadly, this is not the case. Without an LPA, no one has the legal authority to act on your behalf unless the Court of Protection grants it.
An LPA ensures:
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You choose who makes decisions, rather than the courts.
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Your wishes are respected if you cannot communicate them.
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Your family avoids unnecessary legal and financial stress.
When should you set up a Lasting Power of Attorney?
The best time to set up an LPA is while you are fit and well. LPAs can only be created while you still have mental capacity. Waiting until illness strikes is often too late.
At AHJ Wills & Estates, we often remind clients that LPAs are not just for the elderly. Accidents or sudden illnesses can happen at any age. Setting them up early provides peace of mind and flexibility.
For an overview of how LPAs work, you can also read the official GOV.UK guide to Lasting Powers of Attorney.
Why professional advice is important
While the forms for LPAs are available online, completing them incorrectly can cause serious problems. Errors can delay registration or limit your attorneys’ powers in ways you did not intend.
Professional advice ensures:
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Your LPA is drafted and registered correctly.
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Your attorneys fully understand their responsibilities.
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Your documents are tailored to your needs and wishes.
At AHJ Wills & Estates, we make the process clear and straightforward, offering practical guidance every step of the way.
Plan for peace of mind today
A Lasting Power of Attorney is one of the most important legal documents you can create to protect yourself and your family. By planning ahead, you take control and ensure that trusted people will make decisions for you if the time ever comes.
Contact AHJ Wills & Estates today:
Telephone: 0114 553 5416
Email: info@ahjwillsandestates.com
Our friendly Sheffield-based team can help you set up your LPAs with confidence and peace of mind.
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