LPAs Explained in Plain English
Most people insure their phones before they think about protecting themselves if they lose mental capacity.
Strange world, really.
A Lasting Power of Attorney, usually called an LPA, is one of the most important legal documents you can put in place, yet many people have never heard of them until there is a crisis.
An LPA allows you to appoint people you trust to make decisions for you if you become unable to make decisions yourself.
This could happen due to:
- Dementia
- Stroke
- Brain injury
- Serious illness
- Accident
- Mental health conditions
- Degenerative diseases
- Temporary incapacity
And importantly, loss of capacity does not only happen to elderly people.
There Are Two Types of LPA
1. Property and Financial Affairs LPA
This allows your attorneys to help manage things such as:
- Bank accounts
- Bills
- Mortgages
- Property
- Investments
- Pensions
- Benefits
- Everyday finances
This type of LPA can be used with your permission while you still have capacity, or later if capacity is lost.
2. Health and Welfare LPA
This covers decisions relating to:
- Medical treatment
- Care arrangements
- Living arrangements
- Care homes
- Daily welfare decisions
- Life-sustaining treatment choices
This type of LPA can only be used once capacity has been lost.
Who Are Attorneys?
Attorneys are the people you choose to make decisions on your behalf.
These are usually:
- Family members
- Partners
- Close friends
- Trusted professionals
The key word is trust.
You are giving someone legal authority to act in your best interests, so choosing the right people matters enormously.
What Happens If You Do Not Have LPAs?
This is the part many people do not realise.
Your spouse, partner, or children do not automatically have legal authority to make decisions for you just because they are family.
Without LPAs:
- Banks may freeze accounts
- Property transactions can become impossible
- Care decisions become more complicated
- Families can face delays, stress, and significant expense
In some cases, loved ones may need to apply to the Court of Protection for a Deputyship Order.
Deputyship is usually:
- More expensive
- More restrictive
- More time-consuming
- Subject to ongoing court supervision
An LPA is generally far simpler, cheaper, and more flexible than fixing the problem afterwards.
The Office of the Public Guardian explains that LPAs allow someone you trust to make decisions if you lose mental capacity in the future. (gov.uk)
Do LPAs Mean Someone Takes Control Away From Me?
No.
This is one of the biggest myths.
While you have mental capacity, you remain in control of your own decisions.
An LPA does not remove your independence. It is a legal safety net, not a takeover.
Good attorneys should support your wishes, not override them.
Can I Put Instructions and Preferences Into an LPA?
Yes.
You can include guidance for your attorneys about:
- Care preferences
- Dietary beliefs
- Religious views
- Investment preferences
- Property wishes
- Ethical concerns
- Family considerations
This helps attorneys understand how you would want decisions approached.
When Should LPAs Be Put In Place?
Honestly? Earlier than most people think.
LPAs can only be made while you still have mental capacity.
Once capacity is lost, it is too late to create them.
Many families only discover this after a diagnosis, hospital admission, or sudden emergency.
Final Thoughts
LPAs are not just for older people.
They are part of sensible life planning for adults of any age.
Accidents, illness, and incapacity rarely arrive with polite warning letters.
Putting LPAs in place is often one of the kindest and most practical things you can do for the people who may one day need to help you.
Need Advice About LPAs?
At Conwy Wills and Trusts Ltd, we help clients understand LPAs in plain English, without pressure or confusing legal jargon.
If you would like to discuss LPAs, wills, or estate planning, feel free to get in touch.
Conwy Wills and Trusts Ltd
☎ 01492 463218
🌐 www.conwywillsandtrusts.co.uk
