Sarah is 42. She has two children, a mortgage and a busy job. One morning, she is badly hurt in a car accident and spends weeks in hospital, unable to make decisions.

Her husband assumes he can take over. But when he calls the bank about Sarah’s account, they tell him he has no right to touch it. The mortgage payment is due. The bills keep coming.

This is more common than you might think. And a Lasting Power of Attorney could have prevented it.

In short: A Lasting Power of Attorney lets you choose who can help with your money and your care if you ever can’t decide for yourself. Accidents and illness can happen at any age. You can only make one while you are well, so it pays to plan early.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document. It lets you pick one or more people you trust to make decisions for you if you can’t. These people are called your attorneys. They do not need to be lawyers. Most people choose a partner, a grown-up child or a close friend.

There are two types:

• Money and property (officially called “Property and Financial Affairs”). Your attorneys can pay your bills, run your bank accounts and deal with your home. If you agree, they can help even while you are still well, for example if you are in hospital.

• Health and care (officially called “Health and Welfare”). Your attorneys can make decisions about your medical treatment, your care and where you live. This one can only be used if you can’t make the decision yourself.

Most people make both.

Can my family make decisions for me without an LPA?

No. This is the biggest myth we hear.

Being someone’s husband, wife, partner or child does not give you the legal right to manage their money or make decisions for them.

Without an LPA, a bank can freeze accounts in your name only. Your family may not be able to pay bills or sell your home.

To get that right, they would have to apply to a court (the Court of Protection). This can take many months and cost much more than an LPA. The court can also choose who will act for you, and it might not be the person you would pick.

Why do younger adults need an LPA?

An LPA is not about getting old. It is about being prepared. It is well worth thinking about if you:
• Have children who rely on you
• Own a home or have a mortgage
• Run a business or work for yourself (a separate business LPA can keep things going)
• Live with a partner but are not married (partners can be overlooked when big decisions are made)
• Have a health condition or an operation coming up
• Travel or work abroad and need someone to deal with things at home

Think of it like insurance. You hope you never need it, but you will be glad it is there if you do.

Will I lose control if I make an LPA?

No. You stay in charge. You decide:
• Who your attorneys are
• What they can and can’t do
• How they work together, for example whether they must agree on every decision

Your attorneys must always act in your best interests. You can change or cancel your LPA at any time while you are able to.

When should I make an LPA?

You can only make an LPA while you have mental capacity. This simply means you can understand and make the decision for yourself. Once that is lost, it is too late.

An LPA also has to be registered with the Office of the Public Guardian before anyone can use it. This can take several months, so it is best to do it well before it might be needed.

How much does an LPA cost?

The Office of the Public Guardian charges £92 to register each LPA. You may pay less, or nothing, if you are on a low income or certain benefits.

We offer most of our private client services for a fixed fee. We agree it with you upfront, so there are no surprises.

Do I need a solicitor to make an LPA?

You don’t have to use one. But mistakes on the forms are common, and they can cause long delays. Unclear wording can also cause problems later, when your attorneys need to use it.

We can:
• Help you choose the right attorneys
• Explain everything in plain English
• Prepare your LPA so it works when it is needed
• Register it for you
• Visit you at home at no extra cost

It’s also a good time to check your Will is up to date.

Speak to our friendly team

Nobody likes to think about being unable to look after themselves. But a little planning now can save your family a lot of worry later.

Our friendly team on the Isle of Wight is here to help.

Call us on +44 (0) 1983-611888 and +44 (0) 1983-875859 or get in touch online.

This article is general information, not tailored legal advice. It applies to England and Wales. Please contact us for advice about your own situation.