Why Early LPA Planning Matters

Planning for the future isn't just about wills and inheritance. It also means making sure the right people can step in to help if you're ever unable to make decisions yourself. One of the most crucial and often overlooked aspects of later life planning is putting in place a Lasting Power of Attorney (LPA). In this blog, we’ll explore why early LPA planning matters, and how doing so can provide peace of mind, control, and security for you and your loved ones.

What Is a Lasting Power of Attorney?

An LPA is a legal document that allows you (the "donor") to appoint one or more trusted individuals (your "attorneys") to make decisions on your behalf if you lose the mental capacity in the future. There are two main types of LPA in the UK:

1. Health and Welfare LPA – Covers decisions about your medical treatment, care arrangements, and daily routine.

2. Property and Financial Affairs LPA – Covers decisions about managing bank accounts, paying bills, collecting benefits or even selling your home.

Below we have set out 5 key reasons why you should set up an LPA early.

1. Mental Capacity Cannot Be Predicted

None of us can foresee the future. Accidents, illness, or age-related conditions such as dementia can impair mental capacity unexpectedly. Once mental capacity is lost, it’s too late to make an LPA. At that point, your loved ones would need to apply to the Court of Protection for a deputyship, a process that is longer, more expensive and more restrictive than an LPA.

2. You Stay in Control

When you set up an LPA early, you choose who makes decisions for you and how they should act. You can specify preferences and instructions, ensuring your wishes are clear. Without an LPA, the court may appoint someone you wouldn’t have chosen or who doesn’t fully understand your values or preferences.

3. Avoiding Family Disputes

Family members may disagree on what is best for you if you haven’t made your wishes clear. An LPA provides clarity and authority, reducing the risk of conflicts during emotionally difficult times.

4. Ease and Efficiency

An LPA gives your attorneys legal authority to act quickly and efficiently. From paying essential bills to arranging care, they can take immediate action without waiting for court processes.

5. Peace of Mind for You and Your Family

Knowing that your affairs will be handled by someone you trust, in a way you’ve chosen, provides peace of mind for everyone involved. It removes the uncertainty that can burden loved ones at an already stressful time.

Common Misconceptions

“I’m too young to need an LPA.” Mental incapacity can result from more than just age-related conditions. Accidents, strokes, or serious illness can happen at any age.

“My spouse can automatically act for me.” This is a common myth. Even spouses do not have an automatic right to make decisions on your behalf, particularly regarding property or medical care, without legal authority.

“I don’t have enough assets to need one.” An LPA isn’t just for those with significant wealth. Everyday decisions, like paying a utility bill or renewing insurance, require authority that only an LPA can provide once capacity is lost.

How We Can Help

At Garden House Solicitors, we guide clients through the LPA process with clarity, compassion, and care.

We can help you:

· Understand the implications of each type of LPA

· Choose appropriate attorneys

· Include specific preferences or instructions

· Register your LPA with the Office of the Public Guardian

Creating a Lasting Power of Attorney doesn’t mean giving up control. It means taking charge of your future. Contact us today on 01992 422 128 for advice on setting up your LPA and safeguarding your future.