LPAs are legal documents that authorise chosen people (attorneys) to make decisions for you if you lack capacity to do so in future, or you may wish to delegate certain decisions.

Their importance has increased significantly in recent years as regulations continue to develop and rates of incapacity sadly continue to rise.

Incapacity can onset quickly and for various reasons, including dementia/Alzheimer's, brain tumour or injury, stroke, learning difficulties, accident or a side effect of medication or medical intervention. It is a mistake to think incapacity is a ‘later life concern’ – all adults should consider LPAs.

LPAs have to be made whilst you have capacity and ideally well in advance of any issue as there is a registration process which can take a few months.

There are two types, each important in their own way:

Property and Financial Affairs LPA (“PF LPA”)

This enables your attorneys to deal with your assets and manage your finances if you cannot. You can also authorise your attorneys to act at your direction whilst you have capacity – useful if you were away on holiday/business, physically injured or otherwise wanted their help.

Without a PF LPA, the bank will freeze your accounts if you lose capacity, causing significant problems in terms of paying bills and accessing money needed for care, food, dependants etc. Holding assets in joint names does not avoid the issue.

Health and Welfare LPA (“HW LPA”)

This enables your attorneys to make decisions concerning your health/welfare, care and medical treatment if you cannot, and can extend to end of life care and life sustaining treatment.

A spouse or family members cannot otherwise necessarily make such decisions, and it may be that doctors or social services do instead.

What if I don’t have LPAs?

The family would have to apply to the Court of Protection for a deputy order to obtain similar authority. This process is lengthy (6 – 9 months +) and costly, and undoubtedly not what they would want to be doing if something serious happened.

The deputyship framework is typically more restrictive and involves ongoing reporting and fees. The Court are also reluctant to consider welfare deputyships, meaning families would usually only obtain authority for financial matters this way.

We strongly recommend taking proper legal advice to ensure that LPAs are properly prepared, suitable for you and your circumstances and you are properly advised and safeguarded.