We live in an unpredictable world – Why you shouldn’t put off your Lasting Powers of Attorney

August 4, 2025

It is one of life’s uncomfortable truths; it doesn’t matter how healthy or how fit you are, unfortunate circumstances can happen to anyone.

One in four adults over the age of 25 will have a stroke in their lifetime. In the UK, almost 1,000 people are admitted to a hospital with a brain injury every single day.  It can happen in an instant and strike without warning.

Take the case of Michael Schumacher.  The Formula 1 legend had his life turned upside down after he was involved in a serious skiing accident. He suffered a traumatic brain injury and has since remained out of the public eye.

Whilst little is known about the legal arrangements he had in place, his situation sheds light on the stark reality: mental capacity can be lost in a second.  Under the Mental Capacity Act, once your mental capacity has been lost it is too late to set up a Lasting Power of Attorney (LPA).

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you (the donor) to appoint individuals called Attorneys to make decisions on your behalf. The LPA will need to be registered with the Office of the Public Guardian before it can be used.

There are two types of LPAs; Property and Financial Affairs, and Health and Welfare. The Property and Financial Affairs LPA enables your Attorneys to make decisions about your finances e.g. encash cheques, pay bills, deal with your pensions and sell your home and investments, if necessary. The Health and Welfare LPA enables your Attorneys to make decisions about your health e.g. your day-to-day routine, what you eat and drink, operations and care homes, if required.  

The LPA ensures you have measures in place that represent your wishes regarding the matters mentioned above.

Without an LPA in place, should you lose your mental capacity, your loved ones will have to apply to the Court of Protection to obtain a Deputyship Order so that they are able to access and manage your finances, pay your bills and make healthcare decisions for you. This process can be time consuming, expensive and incredibly emotionally taxing.

People often think they can get by without an LPA but more often than not, this is not the case. A “next-of-kin” has no legal standing where matters surrounding mental capacity are concerned, and a spouse is unable to deal with your personal finances, see your medical notes or make medical decisions on your behalf without official authority.

The solution is simple: set up an LPA whilst you still have mental capacity.

Unlike with a Deputyship Order, it is up to you to decide who you want to appoint as your Attorney, and what matters (known as preferences and instructions) they can deal with.

Putting an LPA in place ensures that, should the worst happen, the people you trust can step in immediately to make decisions on your behalf, acting in your best interests at all times.

You may feel that giving individuals control over your finances and medical decisions, takes the autonomy out of your hands. This is incorrect; the LPA can be drafted so that your Attorneys are only able to act on your behalf in the event that you lose your mental capacity. Alternatively, should you decide for your Attorneys to be able to make decisions regarding your finances whilst you still have capacity, this can only be done with your consent.

Take action today

The most important thing is not to wait.

Everyone is aware of the importance of making Wills, but Lasting Powers of Attorney can often be left at the bottom of the to-do-list, being viewed as less significant, when the truth is that they are equally as important.

If you were to lose your mental capacity tomorrow, would your family know what to do? Would they be legally able to help you?

Don’t leave your future to chance. You have the ability to choose your Attorneys yourself; why would you wait and potentially leave this decision up to the Court?

To discuss LPAs, and topics raised within this article, please contact us.

Keira Moore
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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