Lasting Powers of Attorney – Plan ahead!

March 18, 2025

Lasting Powers of Attorney – Plan ahead!

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By Nick O’Sullivan

Whilst incapacity is often associated with old age, it can occur at any time through illness or as a result of an accident – and can be temporary or permanent.  It is therefore never too early to consider making Lasting Powers of Attorney (LPA).

If you lose capacity without having LPAs in place the results can be very distressing for your loved ones, who will find it difficult, if not impossible, to deal with your financial affairs or to have a say in the medical treatment you receive or how you are taken care of generally.

What is an LPA?

A Lasting Power of Attorney is a legal document that gives authority for a nominated person or people, known as your attorneys to manage your affairs in the event that you become unable to do so.

There are two types of LPA:

LPA for Finance Decisions:

This allows your attorney to make decisions about your finance and property. If you own and run your own business you may wish to complete one LPA for your personal finances and property and one for business matters.

LPA for Health and Care Decisions:

This allows your attorney to make decisions about your health, care and welfare.

You can also choose to give your health and welfare attorney the power to accept or refuse life-sustaining treatment on your behalf.

Why do I need an LPA?

LPAs allow you to choose not only who is to act on your behalf, but can include wishes and instructions relating to your affairs to guide your attorneys should you lose capacity.

Without LPAs, should you lose capacity, your loved ones would have to apply to the Court of Protection for a Deputyship Order in order to do even the simplest tasks on your behalf such as accessing your bank accounts or investments and to deal with your property. As with any court proceedings, these applications are quite costly, complex and stressful.

Let Darwin Gray take the strain

LPAs are powerful legal documents and can make a huge difference to your loved ones, should they need to call upon an LPA document on your behalf.

Lasting Powers of Attorney are also quite technical documents that require significant attention to detail and accuracy. Even the most minor error can (and probably will) lead an LPA to be rejected when it is registered (which they must be in order to take effect).

Our team at Darwin Gray has many years’ of experience in guiding clients through all aspects of making and registering LPAs so that you do not have to worry about anything other than securing your future on your terms.

Contact our Wills & Probate experts now on 029 2082 9100 or via our Contact Form.