Do I Need an LPA?

A Lasting Power of Attorney (LPA) isn't legally required, but it's one of the most important documents you can put in place. To understand the difference between an LPA and a will, see our comparison guide. Here's why you should seriously consider making one.

What happens without an LPA?

If you lose mental capacity and don't have an LPA:

• No one can access your bank accounts or pay your bills
• Your property can't be sold without court approval
• Your family can't make healthcare decisions for you
• Someone must apply to the Court of Protection to be appointed as your deputy

The Court of Protection route

Without an LPA, your family would need to apply to become your deputy. This means:

• A court application costing over £400 just to apply
• Waiting months for the application to be processed
• The court decides who becomes deputy - not you
• Annual supervision fees and reporting requirements
• More restrictions on what your deputy can do
• Stress and expense at an already difficult time

Who needs an LPA most?

Everyone should consider an LPA, but it's especially important if you:

• Own property
• Have savings or investments
• Run a business
• Have strong views about your medical care
• Want to ensure your affairs are managed by someone you trust
• Have elderly parents (they should have LPAs too)

Two types of LPA

You can make one or both types:

• Property and Financial Affairs: Covers money, property, bills, investments
• Health and Welfare: Covers medical treatment, care arrangements, daily routine

When to make an LPA

The time to make an LPA is now, while you have mental capacity. You cannot make an LPA once you've lost capacity - that's precisely when you'd need it. Don't wait until it's too late.