The Significance and Importance of a Lasting Power of Attorney

Created: 28 October 2025

Without a Lasting Power of Attorney (LPA), your loved ones might face the challenging and costly process of applying to the court for a guardianship order to manage your affairs. This can be both time-consuming and stressful for all involved. By putting an LPA in place now, you give yourself control over who makes those important decisions and reduce the burden on your family in the future.

An LPA is a vital tool enabling individuals to appoint someone they trust to make decisions on their behalf should they become unable to do so themselves due to illness or injury. There are two types of LPA: one for health and welfare decisions and another for property and financial affairs. By planning, you ensure that, in the event of a life or health event, someone will be able to manage your affairs in accordance with your wishes, ensuring your well-being and avoiding unnecessary delays. Many can be reluctant to consider later life and decisions that might need to be made about themselves or a friend or family member, but it is important to have these conversations so wishes can be shared and appropriate actions taken.

Plan and Protect Your Future

None of us knows what the future holds. Illness, accident, or loss of mental capacity can strike unexpectedly, leaving loved ones uncertain about how to manage their affairs. An LPA provides a clear legal framework that allows you to appoint trusted individuals to make important decisions on your behalf, ensuring your wishes are respected and your affairs are handled properly, whatever the future brings. At Avenue Solicitors, we help clients create LPAs that provide peace of mind, clarity, and protection for themselves and their families.

Many people assume their spouse, partner, or children can automatically make decisions on their behalf if they lose capacity, but legally, that’s not the case. Without an LPA, your family may need to apply to the Court of Protection for permission to act for you. This process can be time-consuming, costly, and emotionally difficult, often taking months to complete. Creating an LPA in advance ensures your chosen people can step in immediately, without legal complications or unnecessary delays.

One particular benefit of making an LPA is that you decide who will make decisions for you, what powers they have, and how they should use them. Your attorneys are legally bound to act in your best interests and follow any guidance you include in the document. An LPA avoids the uncertainty and emotional strain that families face when no legal authority is in place. It ensures your affairs are managed smoothly and in accordance with your wishes. Compared to Court of Protection applications, registering an LPA is significantly faster and less expensive, providing a practical and cost-effective way to plan. An LPA gives you confidence that, whatever happens, your financial security and personal welfare are in safe hands.

So, when is the best time to create an LPA? The simple answer is as soon as possible. An LPA can only be made while you have full mental capacity. If capacity is lost, it’s too late, and your family will have to go through the Court of Protection instead. LPAs are particularly important for older individuals planning for later life, anyone diagnosed with a medical condition that may affect capacity, business owners who wish to ensure the continuity of financial management or those who simply want to plan responsibly for the future.

An LPA is more than a legal document; it’s a safeguard for your future and a gift of reassurance for your loved ones. Despite the benefits, many people avoid thinking about an LPA due to a lack of understanding or reluctance to face such a sensitive issue. However, it’s important to have these conversations early so that when the time comes, your family is prepared, and your wishes are respected.

Planning for later life is not about predicting the worst; it’s about empowering yourself to make informed decisions now, so you can enjoy peace of mind for the future. If you’re over 50, consider whether you’ve made arrangements for a Lasting Power of Attorney. It’s a small step now that can make all the difference later.