Lasting Power of Attorney.
A Lasting Power of Attorney is something we should probably all have in place. It’s a legal document that lets someone you trust make decisions for you, or act on your behalf, if you’re ever no longer able to do so yourself. Setting one up early spares your loved ones a great deal of difficulty later.
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Someone you trust, ready to act if you can’t.
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions for you, or act on your behalf, if you lose the ability to do so yourself. The person you nominate can then act in your best interests, following your wishes.
It’s not just for the very old or unwell. Illness or injury can take away capacity at any age, and an LPA has to be set up while you still have capacity — which is exactly why putting one in place early matters so much.
One document, two kinds of decision.
LPAs are powerful legal documents, so think carefully — and take advice — about what powers you grant and to whom. There are two types, and you can set up either or both.
Decisions about money and property.
- Managing bank and building society accounts
- Paying bills and household costs
- Collecting pension and benefits
- Selling or maintaining the home
- Managing investments and other assets
- Can be used while you still have capacity, if you wish
Decisions about care and wellbeing.
- Your medical care and treatment
- Your daily routine — washing, dressing, eating
- Where you live, including moving into a care home
- Life-sustaining treatment, if you grant that power
- Only comes into effect once you lose capacity
- Speaks for you when you can't speak for yourself
What happens if you don’t have one.
Without an LPA, losing capacity can become genuinely complicated — and expensive — for the people who care about you.
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If you lose mental capacity through illness or injury, you won’t be able to make decisions about your money, your assets or your healthcare. An LPA means the people you trust can step in and act in your best interests.
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Without one, your loved ones can’t simply take over. They’d have to apply to the Court of Protection for a deputyship order — a process that can take years rather than months, exactly when decisions often need to be made quickly.
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That route is also expensive and time-consuming: annual accounts must be submitted, and major decisions have to go back through the court each time.
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Being someone’s next of kin does not legally entitle them to make health or financial decisions on your behalf. An LPA is the only way to grant that authority in advance.
You can do it yourself — or get help.
You can set up an LPA yourself through the Office of the Public Guardian. It can be complicated to get right, though, so many people find it easier to ask for professional help — and the cost of preparing the documents is usually less than you might think.
The Which? guide to Power of Attorney is also worth reading if you’d like more background before you start.
Reputable help, close to home.
If you’d like a hand, these are three local providers we’ve seen families work with. We don’t take any commission — we just know them to do good, honest work.
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Templar Estate Planning
David Robinson offers a free consultation and is happy to visit you at home. Mention you’re a Gardiner’s client for their discounted rate. Call 0118 948 4381 or 07734 206 910, or email info@templarestateplanning.co.uk.
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Langdale Wills
Kate Scott of Langdale Wills is also very happy to help with setting up your Lasting Power of Attorney.
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Caversham Solicitors
If you’d prefer a firm of solicitors, Caversham Solicitors will be able to help.
A key piece of planning ahead.
An LPA sits alongside the other decisions families make around the cost of care — how it’s funded, which benefits to claim, and how to keep someone in control of their own affairs for as long as possible. Our funding guide walks through the money side in detail.
What people ask us about Power of Attorney.
Can't I just rely on my next of kin to make decisions for me?
No. Being someone’s next of kin doesn’t legally entitle them to make health or financial decisions on your behalf. The only way to give someone that authority is through a Lasting Power of Attorney set up while you still have capacity.
What happens if there's no health and welfare LPA in place?
If no one has authority under a health and welfare LPA, decisions about your medical care, your daily routine and where you live will be made by the professionals in charge of your care — the doctor, social worker or care team — rather than by someone who knows you well.
Who should I choose as my attorney?
Someone trustworthy and capable — often a spouse, close family member or friend, and sometimes someone younger. Always talk to the person before you appoint them, so they understand and are willing to take it on.
How much does an LPA cost, and how do I set one up?
The cost of preparing the documents is usually less than people expect. You can set one up yourself via the Office of the Public Guardian, but it can be complicated to get right, so many people prefer professional help. We can suggest reputable local providers — see above.
Not sure where to begin?
We can't give legal advice, but we can point you toward local people we trust and talk through how an LPA fits with everything else. A short phone call is usually enough to get started.
Mon–Fri 7:30am–5pm · Out of hours, leave a message and we’ll call back.
