None of us knows what the future holds. Whilst many of us plan carefully for our family’s future through Wills, investments and financial planning, it is equally important to consider what would happen if we became unable to make decisions for ourselves. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint trusted individuals to make decisions on your behalf should you lose the ability to do so in the future.
Many people assume that their spouse, partner or adult children would automatically be able to manage their finances or make decisions regarding their care and medical treatment. Unfortunately, this is not the case. Without a valid LPA, your loved ones may be required to make a lengthy, expensive and often avoidable application to the Court of Protection before they can assist you. Putting LPAs in place provides certainty, reassurance and control. It ensures that the people you trust are able to act when needed and that important decisions remain in the hands of those who know you best.
Planning for the future is about far more than completing forms. At Just Family Law, we take the time to understand your personal circumstances, family relationships, financial affairs and long-term objectives before helping you put the appropriate arrangements in place. Many of our clients have more complex personal and financial affairs, including business interests, investment portfolios, property holdings, inherited wealth and blended family arrangements. Effective planning requires careful consideration of both the legal and practical implications of future decision-making.
As family law specialists, we understand how family relationships evolve over time. We regularly advise individuals and families who are navigating separation, divorce, second marriages, caring responsibilities and changing family circumstances. This broader understanding enables us to provide advice that reflects the realities of modern family life. Our role is to help you make informed decisions that protect both your personal welfare and your financial interests, whilst providing reassurance for those closest to you.
There are two types of Lasting Power of Attorney, and most clients choose to put both in place.
This type of LPA allows your chosen attorneys to manage your financial affairs if you are unable to do so yourself. This may include dealing with bank accounts, investments, pensions, property and other financial matters. For individuals with business interests, investment portfolios, multiple properties or more complex financial arrangements, a Property and Financial Affairs LPA can form an important part of wider financial planning. This LPA can be used with your permission whilst you have mental capacity and, if required, after capacity is lost.
A Health and Welfare LPA allows your chosen attorneys to make decisions about your personal welfare if you are no longer able to make those decisions yourself. This may include decisions regarding medical treatment, care arrangements, living arrangements and other matters relating to your wellbeing. Unlike a Property and Financial Affairs LPA, this document can only be used if you lose the ability to make those decisions personally.
For many people, a Lasting Power of Attorney is not simply about paying bills or managing a bank account. Business owners, company directors, professionals and those with significant investments often have wider responsibilities that may need to be managed if they become unable to make decisions themselves. Family members may suddenly find themselves needing to deal with properties, investments, business interests and ongoing financial commitments. Putting appropriate arrangements in place can help provide continuity, protect assets and reduce uncertainty for both family members and those involved in managing your affairs. We can advise on how LPAs fit within your wider personal, family and financial planning arrangements.
An LPA provides certainty at a time when uncertainty can be incredibly difficult for families. It allows you to choose who will make important decisions on your behalf should the need arise, rather than leaving those decisions to a court process. It can help avoid delay, reduce stress for loved ones and ensure that your affairs continue to be managed by people you know and trust. For many clients, putting LPAs in place provides the same peace of mind as making a Will. It is a practical step that helps protect both you and your family for the future.
A Will and Lasting Powers of Attorney perform different but equally important roles. Your LPAs deal with decisions during your lifetime if you become unable to make them yourself. Your Will deals with what happens to your estate after your death. Together they form an important part of a comprehensive plan for protecting your family, your assets and your future wishes. Many clients choose to prepare their Wills and LPAs at the same time to ensure that all aspects of their planning are aligned.
Without a valid LPA, your loved ones may need to apply to the Court of Protection for authority to make decisions on your behalf. This process can be lengthy, expensive and stressful at what is often already a difficult time for families.
No. Marriage does not automatically give a spouse authority to manage your finances or make decisions regarding your health and welfare. Appropriate legal authority must be in place.
Your attorneys should be people you trust implicitly to act in your best interests. Many people appoint a spouse, partner, adult child, sibling or close friend. We can advise you on the practical considerations when making your choice.
A Property and Financial Affairs LPA can be used with your permission whilst you retain mental capacity and, if required, after capacity is lost.
A Health and Welfare LPA can only be used when you are no longer able to make those decisions yourself.
Yes. Provided you still have mental capacity, you can revoke an existing LPA and create a new one if your circumstances or wishes change. Many clients choose to review their LPAs following significant life events such as marriage, divorce, separation, the death of an attorney or substantial changes in their personal or financial circumstances.
Registration times vary depending upon demand at the Office of the Public Guardian. We will guide you through the process, manage the preparation of the documents and keep you informed throughout.
Yes. We can retain copies of your registered Lasting Powers of Attorney and maintain a record of your documents for future reference. Many clients find this reassuring as it helps ensure that important documents can be located quickly if they are ever required. We also recommend that your attorneys know where the registered documents are kept and how they can be accessed if needed.
Many clients choose to do so. Whilst your Will deals with what happens after your death, LPAs protect you during your lifetime should you become unable to make decisions for yourself. Together they form the cornerstone of effective future planning.
Clients seeking advice regarding LPAs often also require assistance with Wills, financial planning following separation or divorce, cohabitation arrangements and wider family planning matters. Our team can help ensure that these arrangements work together to provide a coherent and effective plan for the future.
If you would like advice regarding Lasting Powers of Attorney, please contact us to arrange an initial consultation. We will take the time to understand your circumstances, explain your options clearly and help you put arrangements in place that provide reassurance for both you and your loved ones.
