15th September 2025
What are LPAs and is this Something I Should Have?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (known as your ‘Attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (also known as ‘lacking mental capacity’). It can also cover instances where you do have mental capacity, yet you are unable to get out and about or are struggling with mobility in your day-to-day life (this is known as ‘physical incapacity’).
Facts about LPAs
- As of March 2024, there are over 8 million registered LPAs in the UK
- Four in five UK adults do not have an LPA in place
- 78% of UK adults have not registered an LPA
What is the benefit in having an LPA in place?
Having a registered LPA in place lets people you trust quickly and easily step in when you need it most.
There are two 2 different types of LPA you can have (although most people typically opt to have both in place):
- Property and Finance – gives your Attorneys the legal authority to act and make decisions about your money and property. These can be ready to use as soon as the LPA has been registered, not just when mental capacity is lost. This means whilst you have mental capacity, you can ask your chosen Attorneys to assist you, and they must follow your instructions even if they do not agree with them. If you were to ever lose mental capacity, then your Attorneys act in your best interest.
- Health and Welfare – lets your Attorneys make decisions about your health and care. This can typically involve your daily routine and medicine as well as decisions regarding moving into a care home. The health and welfare LPA also has the power to let your Attorneys make decisions around life-sustaining treatment for yourself. Life sustaining treatment is any form of medical treatment to keep you alive. What is classed as ‘life sustaining’ can vary from person to person and depend on individual circumstances.
If you are fortunate enough to never lose capacity in the future, the LPAs may never need to be used.
However, life can often throw unexpected challenges at us, and we cannot predict what the future may hold.
The benefit of having an LPA in place is that, should you ever need it, it is there and ready to be used. This can prevent your loved ones from facing delays and difficulties when trying to act in your best interests, managing your affairs and make sure your wishes are upheld.
What if I lose capacity and I don’t have an LPA in place?
The consequence of not having valid LPAs in place when you lose capacity is quite simple – no one will have legal authority to make decisions on your behalf. The result of this can be devasting for families and often adds an additional layer of stress during an already difficult time.
An application would have to be made to the Court of Protection for the appointment of a “Deputy” to act on your behalf.
This process is lengthy and expensive, and it can take more than 6 months to get a decision from the Court of Protection. There are also ongoing fees and additional accounting requirements for the Deputy which are not there for Attorneys.
Conclusion
In summary, LPAs are something that everyone over the age of 18 should consider having in place – especially as we get older.
There is a chance that they may never need to be used, however, having them in place means that they are ready to be used should they ever need to be.
By having LPAs in place, you are in charge of choosing who you would like to make decisions on your behalf. LPAs also give you the power to ensure your wishes are known to your Attorneys.
The risk of not having LPAs in place means that these decisions may be left to professionals rather than the loved ones who know you best.
The complexities and costs involved with applying to the Court of Protection are also another reason to consider having LPAs in place to avoid your family from having to go down this route.
If you are interested in making an LPA, please contact Samiha Begum at sbegum@bussmurton.co.uk or call 01892 502 345.
Profile
Samiha joined our Tunbridge Wells Private Client team in May 2025. Samiha qualified as a Solicitor in September 2024 after training at a regional law firm during which she spent a year in the Private Client department working on a range of Private Client areas such as Wills, Probate and estate administration as well as Lasting Powers of Attorney.
Samiha has chosen to specialise in Private Client as she is passionate about providing excellent care to her clients and prides herself on getting the best outcome possible for each client.
Samiha completed her LLB Law degree at the University of Westminster with First Class honours and then went on to achieve a Commendation in the LPC/LLM.
Outside of the office Samiha enjoys spending time with her family and spending plenty of time outdoors as well as in the gym.
Samiha also enjoys travelling and exploring different cultures and has so far travelled to Bangladesh, Istanbul, Marrakech and Saudi Arabia.
Alternative Contact:
Beth Ahsunollah
01892 502 348
bahsunollah@bussmurton.co.uk
Moira Clarke
01892 502 339
mclarke@bussmurton.co.uk