Do I Need a Lasting Power of Attorney?

Most people do not think about a Lasting Power of Attorney until they need one. By that point, it is often too late to put one in place.

There is no particular age at which someone suddenly needs a Lasting Power of Attorney. The important question is whether you want to decide in advance who should be able to act for you if you are unable to manage certain decisions yourself.

Loss of mental capacity is not limited to later life. It can arise through dementia, stroke, serious illness or an unexpected accident at any stage of adulthood.

If you lose mental capacity without an LPA, family members do not automatically gain authority to access your finances, manage property or make health and welfare decisions simply because they are related to you.

Putting an LPA in place allows you to choose who should act as your attorney and, depending on the type of LPA, gives them authority to deal with specified financial, property, health or welfare matters.

There are two types of Lasting Power of Attorney, covering Property and Financial Affairs and Health and Welfare. They deal with different decisions and can be put in place separately or together depending on your circumstances.

An LPA is different from a Will. A Will deals with what happens to your estate after death, whereas an LPA deals with decisions made during your lifetime.

Many people therefore put LPAs in place for reassurance, knowing that arrangements already exist if illness, injury or loss of capacity means they need someone else to act.

At MJV Solicitors, we advise clients on whether an LPA is appropriate and help put the right arrangements in place before they are needed.

For a complete overview, read our guide to Lasting Powers of Attorney. For details of MJV Solicitors' fixed fees, see our LPA Price Guide.

FAQ

Do I really need a Lasting Power of Attorney?
Not everyone is legally required to have an LPA, but it allows you to choose who should make certain decisions for you if you later need assistance or lose mental capacity.
Do I need an LPA if I am married?
Marriage does not automatically give your spouse legal authority to manage all of your finances or make all health and welfare decisions for you if you lose capacity. An LPA can provide that formal authority.
Do I need an LPA if I already have a Will?
Potentially, yes. They serve different purposes. A Will deals with your estate after death, while an LPA gives chosen attorneys authority to make specified decisions during your lifetime.
Am I too young to make a Lasting Power of Attorney?
Loss of capacity can occur at any age through illness or injury. An adult with the required mental capacity can consider making an LPA before it is ever needed.
MJV Solicitors video explaining what happens if you lose mental capacity without a Lasting Power of Attorney

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.

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