Introduction
Many people assume that a Lasting Power of Attorney (LPA) is only necessary later in life or when facing health issues. However, planning ahead while you are still healthy can save you and your loved ones from unnecessary stress and financial complications in the future. Even if you feel fit and well, accidents, illnesses, or unforeseen events can quickly change your circumstances.
A financial power of attorney or a health and welfare LPA ensures that trusted individuals can manage your affairs if you are unable to. Whether it’s overseeing your bank accounts, paying bills, or making medical decisions, these documents give legal authority and peace of mind.
In this article, we’ll explore whether you need a Lasting Power of Attorney while healthy, why it matters, and how WEPC Wills and their team of experienced power of attorney solicitors can help guide you through the process.
“The best time to prepare for the unexpected is before it happens. A Lasting Power of Attorney isn’t about old age; it’s about being prepared at any stage of life. Planning early gives you peace of mind and protects your loved ones from uncertainty.”
What Is A Lasting Power Of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (attorneys) to make decisions on your behalf if you are unable to do so. These decisions may be about your health and welfare, property, or financial matters.
It acts as a safety net, ensuring that someone you trust can step in if you lose mental capacity or are temporarily unable to manage your affairs. By putting an LPA in place, you remain in control of who will handle your personal and financial matters.
Types Of LPA:
1. Health And Welfare LPA
Covers decisions about your medical care, daily routine, and long-term treatment. Only comes into effect if you lose mental capacity.
2. Property And Financial Affairs LPA
Often called a financial power of attorney. Enables your attorney to manage money, investments, property, and everyday financial matters. Can be used even while you have capacity (if you choose).
By setting up an LPA, you’re taking control now to ensure that your wishes will be respected later.
Why Do I Need A Lasting Power Of Attorney If I’m Healthy?
At first glance, it may not seem necessary. If you’re active, healthy, and fully capable, you may think an LPA is something to consider only in later years. But life is unpredictable.
- Accidents can happen at any age – A sudden head injury or car accident could leave you temporarily or permanently unable to make decisions.
- Illnesses are unpredictable – Conditions like stroke, dementia, or severe infection can affect decision-making abilities quickly.
- Administrative convenience – Even if you are traveling abroad, having a financial power of attorney ensures someone can manage bills, accounts, or property in your absence.
By preparing an LPA while you are healthy, you’re avoiding panic-driven decisions in times of crisis.
Benefits Of Setting Up An LPA Early
1. Peace Of Mind
Knowing that your finances and personal welfare are secure in trusted hands reduces future stress.
2. Protection Against Court Of Protection Delays
Without an LPA, your loved ones may need to apply to the Court of Protection, which can be time-consuming, costly, and emotionally draining.
3. Flexibility
You can decide the extent of authority given to your attorneys, whether limited to certain financial matters or extended to all decisions.
4. Ensuring Your Wishes Are Respected
You choose who acts for you, rather than leaving decisions to the courts or social services.
Common Myths About LPAs
1. “I’m Too Young For An LPA.”
Mental capacity can be lost at any age.
2. “My Spouse Or Children Can Automatically Make Decisions For Me.”
Legally, even close family members need official authority.
3. “I’ll Just Wait Until I’m Older.”
If capacity is lost before the LPA is registered, it’s too late.
4. “It’s Only About Money.”
A health and welfare LPA ensures medical and personal decisions are respected too.
LPA Vs No LPA
| Aspect | With a Lasting Power of Attorney | Without a Lasting Power of Attorney |
|---|---|---|
| Decision-Maker | Chosen by you | Appointed by the Court of Protection |
| Cost | Affordable setup with solicitors | Court application fees can be very high |
| Speed of Action | Attorneys can act immediately (if you permit) | Lengthy legal delays before action allowed |
| Control Over Decisions | Your wishes are legally protected | Court-appointed deputy may not know wishes |
| Emotional Impact on Family | Reduces stress, provides clarity | Increases stress, uncertainty, and disputes |
Role Of Power Of Attorney Solicitors
Drafting an LPA can be complex. Mistakes in the application process may cause rejection or delays. Power of attorney solicitors ensure the document is correctly prepared, legally binding, and reflects your exact wishes.
They can:
- Guide you through choosing the right attorneys.
- Help register the LPA with the Office of the Public Guardian.
- Advise on restrictions, preferences, or special instructions.
- Provide peace of mind knowing the process is done professionally.
Working with professionals like WEPC Wills means you avoid pitfalls and secure long-term protection for your family.
When Should You Create An LPA?
The short answer: as soon as possible.
- If you are over 18 and have mental capacity, you can make an LPA.
- Setting it up while healthy ensures no legal challenges later.
- Major life events (marriage, buying property, starting a business) are ideal times to consider an LPA.
Remember: You cannot create an LPA once you lose capacity.
Financial Power Of Attorney – Why It’s Essential
A financial power of attorney allows your chosen attorney to:
- Manage bank accounts and investments.
- Pay household bills.
- Oversee business interests.
- Buy or sell property on your behalf.
This is particularly useful if you:
- Spend long periods abroad.
- Want a trusted person to manage your financial affairs proactively.
- Are planning for potential health challenges later in life.
Without it, your finances may become frozen until a court process is completed.
Health And Welfare Decisions – Protecting Your Care
Equally important is the health and welfare LPA. This document empowers someone you trust to make decisions about:
- Medical treatment and operations.
- Care home choices.
- Daily routines, diet, and living arrangements.
- End-of-life care preferences.
Doctors and social services will otherwise have the final say if no LPA is in place.
Risks Of Not Having An LPA
Failing to prepare an LPA can cause:
- Frozen bank accounts, making it impossible to access money.
- Family disputes over medical decisions.
- Court-appointed deputies who may not act according to your wishes.
- High costs and delays in legal processes.
Essentially, your future security may be at risk.
How WEPC Wills Can Help
Creating an LPA is a proactive step in future planning. With WEPC Wills, you gain access to expert solicitors who specialise in estate planning and powers of attorney. Their friendly, professional service ensures:
- Step-by-step guidance.
- Tailored advice for your circumstances.
- Efficient registration of your LPA.
If you’re considering securing your future, don’t wait until it’s too late. Take control now with expert support. Contact Us today to begin your LPA journey.
Frequently Asked Questions (FAQs)
Yes. Accidents or illnesses can strike at any time. An LPA ensures your wishes are respected.
A will takes effect after death, while an LPA protects you during your lifetime if you lose capacity.
No. Without a registered LPA, they have no automatic authority.
The process usually takes several weeks, so planning ahead is crucial.
While it’s possible to do it yourself, using power of attorney solicitors ensures accuracy and avoids costly mistakes.
