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Lasting Powers of Attorney
As we all live longer the need for care becomes greater. Powers of Attorney allow you to decide who you would like to look after your affairs if you were unable to do so yourself.
The UK is an aging population, out of the 67 million people in the UK, 15.4 million are over the age of 65 and over 944,000 suffer with age related illness such as dementia and Alzheimer’s. As we live longer the likelihood of requiring care increases and this brings to the forefront the question of who should decide what is best for us if the need for care were to arise. A Powers of Attorney document states who you would want to make decisions and act on your behalf if you were unable to do so yourself. Without the Powers of Attorney in place your health care decisions are made by social services and your financial decisions made by a representative of the court of protection.
There are two different types of LPA, the first is for property and financial affairs – which is especially important if you have a property, joint bank accounts and direct debits set up from your accounts. The second is for health and welfare and it allows your appointed Attorney to make decisions on how and where you are treated. In the absence of this LPA these decisions are made on your behalf by somebody who is likely never to have met you and has no understanding of your personal circumstances or what your wishes would be.
Who decides for you?
Decisions on your health and wellbeing will be made by Social Services if the correct Power of Attorney is not in place, registered with the Office of the Public guardian and if a document is not correct the fee to alter the document is £3000.
Do you have an LPA?
Decisions on your health and welfare will be made by Social Services if the correct Power of Attorney is not set up. It is now a government recommendation that everybody as Powers of Attorney in place.
Would your family be involved?
Even if you are funding your own care it will still be Social Services and not your family that decide where you are cared for. Without an LPA, if you become incapacitated, no one automatically has the authority to manage your affairs.
When should a Lasting Power of Attorney be put in place?
A Lasting Power of Attorney must be created while you still have mental capacity. This means it cannot be arranged once a condition such as dementia has progressed, or following a sudden illness or accident that leaves you unable to make decisions.
Many people assume they can “sort it out later”, but unfortunately later is often too late. Putting an LPA in place early ensures your wishes are clearly recorded and helps avoid the need for costly and stressful court applications in the future.
An LPA is not just for older people. It provides protection at any stage of life and is a sensible way to plan ahead for the unexpected. It is one of the most important documents you can have, yet it is often overlooked.
At Sanctuary Tax & Trust, we take the time to explain your options clearly and help you put the right arrangements in place, at your pace — giving you and your loved ones peace of mind.
What happens if there is no LPA in place?
Without a valid Lasting Power of Attorney, no one — not even a spouse or adult child — automatically has the legal authority to manage your finances or make decisions about your care.
In these circumstances, families may need to apply to the Court of Protection for a Deputyship order. This process can take many months, involves ongoing court supervision, and can be expensive. During this time, access to bank accounts, property decisions, and care arrangements may be severely restricted.
An LPA avoids this uncertainty by allowing you to choose who you trust to act on your behalf.
Choosing the right Attorney
An Attorney is the person you appoint to make decisions for you if you are unable to do so yourself. This should be someone you trust completely and who understands your wishes and values.
You can appoint:
A spouse or partner
An adult child or family member
More than one Attorney, to act jointly or independently
It is also possible to appoint replacement Attorneys, providing continuity if your first choice is unable or unwilling to act in the future.
Careful consideration should be given to this choice, and professional guidance can help ensure the arrangement reflects your circumstances and avoids potential difficulties later on.
How a Lasting Power of Attorney fits with your wider planning
An LPA works alongside your Will and any Trust arrangements you may have in place. While a Will deals with what happens after death, an LPA protects you during your lifetime.
Together, these documents provide a comprehensive approach to planning ahead — ensuring your wishes are respected, your family is supported, and unnecessary stress is avoided at difficult times.
Registering your LPA correctly
For an LPA to be valid, it must be correctly completed and registered with the Office of the Public Guardian. Errors or omissions can cause delays, rejection, or costly amendments later on.
Once registered, your LPA can be stored securely and only used when needed. Having it prepared and ready provides reassurance to both you and your family, even if it is never required.