With South Yorkshire law firm, Howells Solicitors

Most of us plan for the big moments in life – buying a home, starting a family, retiring – but far fewer people plan for the possibility that we might one day be unable to make our own decisions.

Illness, accidents or the onset of conditions such as dementia can happen at any age. Thousands of people every year lose mental capacity and are suddenly unable to manage their finances, health or daily affairs.

This is where a Lasting Power of Attorney (LPA) becomes invaluable. An LPA allows you as the “donor” to appoint trusted people – known as attorneys – to make decisions on your behalf if you can no longer do so.

It is not about losing control but about choosing who will act in your best interests if the worst happens. Having an LPA in place means you can set clear instructions and preferences and your affairs can be managed smoothly and practically, helping safeguard you and your family’s future.

What is a Lasting Power of Attorney?

There are two types of LPA in England and Wales:

• Property and Financial Affairs LPA – covering bank accounts, bills, benefits, pensions, investments, and even selling your home or other assets if needed.
• Health and Welfare LPA – covering decisions about your medical care, living arrangements, life-sustaining treatments, and day-to-day wellbeing.

You can choose to have one or both, depending on your circumstances. They both offer long-term protection and continue if you lose mental capacity.

However, you need to set an LPA up while you are still fully capable of making and consenting to the arrangement. It must also be registered with the Office of Public Guardian (OPG) before it comes into force.

What happens if you don’t have an LPA?

Many people assume that a spouse, partner or adult child will automatically be able to step in if they lose capacity. Unfortunately, this is not the case.

Without an LPA in place, your loved ones will have to apply to the Court of Protection to become your “deputy.” This process can be:

• Lengthy – often taking many months owing to delays
• Costly – involving court fees and ongoing supervision costs
• Stressful – adding legal complexity at an already difficult time

During this period, your family won’t be able to access your bank accounts, pay your bills or make important decisions about your care.

In short, not having an LPA can leave your family powerless when they most want to help.

“I’ve made a Will – isn’t that enough?”

This is one of the most common misunderstandings we hear. While a Will is extremely important, it does not help you if you are alive but have lost mental capacity.

A Will only takes effect after you die. It says who should inherit your money and possessions and who will administer your estate. It gives no authority whatsoever to manage your finances, make healthcare decisions or run your affairs while you are still living.

By contrast, an LPA is specifically for your lifetime – it steps in when you are unable to make decisions yourself. Having a Will without an LPA leaves a major gap in your estate planning.

How Howells Solicitors can help

Putting an LPA in place doesn’t have to be daunting. At Howells, our experienced and trusted wills, probate and estate planning team can guide you through the process from start to finish.

We can help you:

• Understand the different types of LPA and what’s right for you
• Choose appropriate attorneys and discuss their responsibilities
• Draft and review documents that reflect your wishes clearly and accurately
• Handle the registration with the Office of the Public Guardian
• Store your documents securely for future use

“A Lasting Power of Attorney is one of the most important legal documents you can have, yet it is also one of the most overlooked,” says Lindsey Rawson, Howells’ head of wills, trusts and probate. “By taking action now, you protect your future and make life easier for those who may need to care for you later.”

So, whether you are planning for retirement, supporting an ageing parent, or simply thinking ahead, our friendly and compassionate team are here to provide clear, practical advice in plain English.