Do I Need a Lasting Power of Attorney (LPA)?

Who It’s for and why It Matters

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you become unable to do so.

There are two types:

  • Property and Financial Affairs LPA – covers money, bills, property, savings, pensions.
  • Health and Welfare LPA – covers care decisions, medical treatment, and daily living.

An LPA can only be made while you have full mental capacity. Once registered with the Office of the Public Guardian (OPG), it remains valid unless revoked or you pass away.

📘 Reference: Mental Capacity Act 2005
📘 Official Guidance: gov.uk – LPAs Explained


Who Needs a Lasting Power of Attorney? (Spoiler: Nearly Everyone Over 18)

Many people assume LPAs are for the elderly. But life doesn’t always follow the plan — and capacity can be lost suddenly. Here are the people who most need an LPA in place now, not later.


1. Planning Ahead in Your 50s? Future-Proof Your Independence

You’re fit, well, and handling life just fine — so why now?

Because if something happens (a stroke, accident, or early dementia), it’s already too late to make an LPA. The law won’t allow it once capacity is lost.

With an LPA, you stay in control: you choose who acts for you — not the courts.


2. Living with a Long-Term Condition? Avoid Unnecessary Delays

If you’re managing a condition like Parkinson’s, MS, early-stage dementia, or chronic mental health issues, you’re at greater risk of periods where decision-making becomes difficult.

Without an LPA, your loved ones could face:

  • Costly Court of Protection deputyship applications (over £1,000),
  • 6–12 months of delays during a medical or financial crisis.

⚠️ Don’t put your family through that. An LPA keeps life moving, even when you can’t.


3. Self-Employed? A Property & Financial LPA Is Your Backup Plan

Running a business? Renting property? Freelancing?

Who will sign contracts, pay suppliers, or access your bank account if you’re in hospital or overseas?

💼 A Property & Financial LPA acts as your business continuity plan — and ensures someone you trust can legally keep things ticking over.


4. Not Married? You Still Deserve Protection

The law doesn’t automatically recognise partners unless you’re married or in a civil partnership. Without an LPA, even long-term partners or close friends have no legal right to:

  • Access your bank account,
  • Speak on your behalf to doctors,
  • Make vital health decisions.

🧾 An LPA gives your chosen person the power to act — no marriage certificate needed.


5. Parents of 18+ Children — Read This

When your child turns 18, you legally lose the right to speak for them.

So if your university student ends up in hospital or can’t manage their finances, you’re locked out unless they’ve made an LPA. It’s a smart step for:

  • Students,
  • Apprentices,
  • Young adults with additional needs.

📘 Yes, 18-year-olds can make LPAs. It’s not about age — it’s about having the capacity.


Common LPA Myths — Debunked

❌ “I’m healthy, I don’t need one yet.”
✅ LPAs must be made while you still have mental capacity. Wait too long, and your hands are tied.

❌ “My spouse can just make decisions for me.”
✅ Not without an LPA. Banks, hospitals, and care homes can legally refuse access — even to spouses.

❌ “It’s only for the elderly.”
✅ Sudden illness or accidents can affect anyone — LPAs aren’t just for retirement planning.


What Happens If You Don’t Have an LPA?

If you lose capacity and haven’t made an LPA, your family must apply to the Court of Protection for a deputyship. This means:

  • Legal fees of £1,000+,
  • Court delays of 6 to 12 months,
  • Limited control — the court decides, not you.

Even simple things like paying your mortgage, accessing savings, or making healthcare decisions may be impossible.

📌 Avoid the red tape — plan ahead.


How to Set Up a Lasting Power of Attorney (Stress-Free)

You can download the forms yourself from gov.uk — but here’s what people often get wrong:

  • Appointing the wrong attorney types (e.g. no replacements),
  • Forgetting key restrictions,
  • Invalidating the document with an incorrect signature or witness.

That’s where I come in.

As a legal consultant specialising in LPAs, I:

  • Help you choose the right people and structure for your needs,
  • Draft it properly — so it gets accepted first time by the OPG,
  • Take the stress off your shoulders — no jargon, no overwhelm.

📎 My service is calm, clear, and completely confidential. I help families avoid costly mistakes.


Ready to Protect Your Future?

Let’s get it sorted — no fuss, no pressure.

📞 Book your free 15-minute call
Let’s talk through what’s right for you and your family.

📩 Send me your questions
You’ll get a clear, personalised response — no AI bots, just expert legal help.

📍 Local to North Bristol?
Enjoy a friendly, face-to-face service (or Zoom, if you prefer).


FAQs – People Also Ask

Can anyone make an LPA?
Yes, anyone over 18 with mental capacity can make an LPA — including young adults.

How much does it cost to make an LPA?
The Office of the Public Guardian charges £82 per LPA. My fixed-fee service helps you avoid costly rejections.

How long does it take to register an LPA?
The OPG takes around 8–10 weeks to register an LPA. I help you complete the application quickly and correctly.

What’s the difference between a will and an LPA?
A will deals with what happens after death. An LPA covers your needs while you’re still alive but can’t make decisions.


Why Choose Sage and Hollow?

Sage and Hollow is more than a legal consultancy — we’re your trusted partner in planning ahead.
No stress. No overwhelm. Just clear, compassionate legal support that fits around your life.

🖋️ Wills | LPAs | Contracts — all in Plain English, always fixed prices.