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Do I Need a Lasting Power of Attorney? What You Should Know Before Instructing a Solicitor

By Ola Leslie Solicitors

When considering future planning, many individuals find themselves contemplating a “Power of Attorney” without full clarity on its purpose or suitability for their unique circumstances. If you have been wondering whether this crucial legal document is right for you or which type best serves your needs, this article offers essential insights. Our aim is to clarify your options, empowering you with the knowledge to make an informed decision before seeking legal assistance.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more trusted people (the ‘attorneys’) to make decisions on your behalf if you lose the capacity to do so yourself. In some cases, it can be used even while you still have capacity.

Why Might You Need an LPA?

Many clients consider an LPA because they’re planning for the future. This may be due to age, illness, or simply wanting peace of mind that someone they trust will manage their affairs if needed.

Here are some key reasons people choose to set up an LPA:

You want a spouse, partner, or child to manage your finances if you become unwell.
You’re facing a progressive condition such as dementia, Parkinson’s, or MS.
You travel frequently or live abroad and need someone to handle affairs in the UK.
You’ve had a medical scare and want to prepare for unforeseen events.

What Happens If You Don’t Have One?

If you lose mental capacity without an LPA in place, your loved ones will not be able to make decisions on your behalf, even if they are close family. Instead, they will need to apply to the Court of Protection for a deputyship order. This is costly, time-consuming and far more restrictive than an LPA.

The Two Types of LPA

There are two separate LPAs , and you can choose to make one or both.

1. Property and Financial Affairs LPA

This allows your attorney or attorneys to manage your finances. For example, they can:

Pay bills
Access bank accounts
Manage property
Collect pensions or benefits

You can choose whether it takes effect only if you lose capacity or while you still have it. Some people use it while they’re abroad or managing complex finances.

2. Health and Welfare LPA

This covers decisions about:

Medical care
Life-sustaining treatment
Your daily routine (e.g. washing, dressing, eating)
Where you live

Unlike the financial LPA, this can only be used when you no longer have capacity to make decisions for yourself.

Common Misconceptions

“I already have a Will, so I don’t need an LPA.”
A Will governs what happens after death. An LPA covers decisions made during your lifetime, so both are necessary.
“My next of kin can automatically act for me.”
This is a common misunderstanding. Without legal authority through an LPA or deputyship, they cannot manage your affairs.

“It’s only for the elderly.”
Accidents and illness can affect anyone at any age. Having an LPA in place early is just prudent planning.

How We Can Help

At Ola Leslie Solicitors, we offer straightforward, personalised advice tailored to your situation. Whether you’re looking to:

Understand which type of LPA suits your needs,
Appoint multiple attorneys and set out how they must act,
Include preferences or legally binding instructions, or
Register your LPA with the Office of the Public Guardian,

We will guide you through every step with clarity and professionalism.

Need Advice on Setting Up

a Lasting Power of Attorney?

If you’re considering putting an LPA in place or just want to explore your options, contact our friendly team at Ola Leslie Solicitors. We’ll help you consider the practical and legal implications so you can plan with confidence.

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