We plan for many things in life: careers, retirement, even our Wills. Yet fewer people prepare for the possibility of losing the ability to make decisions for themselves. With longer life expectancies and rising rates of dementia and other capacity-limiting conditions, planning for mental incapacity is more important than ever.
At Franklins Solicitors, we help individuals and families plan ahead with confidence and compassion. One of the most effective legal safeguards available is a Lasting Power of Attorney (LPA), a document that allows someone you trust to act on your behalf if you lose capacity.
Why Lasting Powers of Attorney Matter
LPAs are not just for the elderly. Anyone can suffer an unexpected accident or illness. Without an LPA in place, your loved ones will not have the automatic right to make financial or healthcare decisions for you – not even your spouse or children.
Instead, they may be forced to apply for deputyship through the Court of Protection, a lengthy, costly and emotionally demanding process. Creating an LPA in advance avoids this scenario and ensures that your wishes are respected by appointing the right people in the right way.
The Two Types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney, each serving a different purpose:
Property and Financial Affairs LPA
Property and Financial Affairs LPA lets your attorney manage bank accounts, pay bills, collect pensions or even sell your home. This can be used as soon as it is registered, even if you still have capacity, making it useful if you need assistance while abroad or during periods of ill health.
Health and Welfare LPA
Health and Welfare LPA allows decisions about your care, treatment and where you live, but only if you are unable to decide for yourself. This covers daily routines, medical treatment, moving into a care home and, in some cases, life-sustaining treatment.
Both types can be tailored to your preferences and registered in advance for peace of mind.
Appointing Attorneys: Making It Work in Practice
When appointing attorneys, many people choose to name more than one person, often family members such as siblings or children. They can be appointed to act jointly (all decisions made together) or jointly and severally (independently or together).
This choice has serious practical implications:
Common challenges we see include:
If you are acting as an attorney and encountering problems, or you are unsure whether to appoint attorneys jointly or jointly and severally, professional advice can help you avoid future complications.
The LPA Registration Process
Creating an LPA requires several steps:
Registration typically takes 8-10 weeks, though delays can occur. The registration fee is currently £82 per LPA, though exemptions and reductions are available for those on certain benefits.
While it is possible to create an LPA yourself, errors are common and can lead to delays or rejection. At Franklins, we help clients get it right first time, ensuring the document is legally valid, reflects your wishes and works in real-world situations.
What About Existing Enduring Powers of Attorney?
If you made an Enduring Power of Attorney (EPA) before 1 October 2007, it may still be valid — but it only covers financial decisions, not health or welfare. We can review your existing EPA to check if it remains appropriate or if a new LPA would offer better protection.
LPA vs Deputyship: The Cost of Delay
If no LPA is in place and you lose mental capacity, a loved one must apply for deputyship to manage your affairs. This route involves:
Creating an LPA is faster, cheaper and gives you more control over who will act for you and how.
Advance Decisions: Planning Your Medical Treatment
An Advance Decision (sometimes called a Living Will) is a separate document that allows you to specify which medical treatments you do or do not want to receive if you lose capacity to make those decisions yourself.
Unlike a Health and Welfare LPA, which appoints someone else to make healthcare decisions for you, an Advance Decision sets out your own preferences directly. It is legally binding if it meets the requirements of the Mental Capacity Act 2005.
Common decisions include preferences about resuscitation, life-sustaining treatment or specific medical interventions. An Advance Decision works alongside, not instead of, an LPA.
Frequently Asked Questions
Protect Yourself and Those You Trust
Putting a Lasting Power of Attorney in place is not just a legal task — it is an act of care for your future self and the people around you. It gives your loved ones the tools they need to help you if the time comes.
Whether you are preparing your own LPA or acting as an attorney for someone else, Franklins’ Wills, Trusts and Probate team is here to guide you. From start to finish, we ensure the process is handled correctly, compassionately and with your best interests at heart.
Contact our Wills and Probate team today to discuss Lasting Powers of Attorney and incapacity planning.
Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.
Written by Kathryn Thornewill TEP
Associate Partner, Wills Trusts and Estate Planning at Franklins Solicitors LLP
Specialises in estate administration, Wills, Lasting Powers of Attorney, Court of Protection and inheritance tax planning. Kathryn is STEP-qualified and delivers tailored, client-focused advice.
