There is a common misconception that a Lasting Power of Attorney (LPA) is only something older people need to think about. In reality, it is one of the most important legal documents any adult can put in place — and the consequences of not having one can be severe, regardless of age.
If you were to lose mental capacity tomorrow — through an accident, a stroke, or the onset of dementia — who would be able to manage your finances, pay your bills, or make decisions about your medical care? Without an LPA, the answer may be: nobody. At least, not without going through a lengthy and expensive legal process.
This guide explains what a Lasting Power of Attorney is, what happens without one, and how families across the Midlands can protect themselves.
## What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you (the "donor") to appoint one or more trusted people (your "attorneys") to make decisions on your behalf if you are ever unable to do so yourself.
There are two types of LPA in England and Wales:
**Property and Financial Affairs LPA** — This allows your attorneys to manage your bank accounts, pay bills, collect income, and deal with property on your behalf. It can be used while you still have capacity (with your permission) or only when you have lost it.
**Health and Welfare LPA** — This allows your attorneys to make decisions about your medical treatment, care arrangements, and day-to-day welfare. It can only be used once you have lost mental capacity.
You can make one or both types, and you can appoint different attorneys for each.
## What Happens If You Lose Capacity Without an LPA?
This is where many families discover, too late, the importance of planning ahead.
If you lose mental capacity and you do not have an LPA in place, nobody — not your spouse, not your children, not your closest friend — has the automatic legal authority to manage your affairs or make decisions about your care.
To gain that authority, your family would need to apply to the Court of Protection for a "deputyship order." This process is:
**Slow.** Applications to the Court of Protection can take many months to process. During that time, your family may be unable to access your bank accounts, pay your mortgage, or manage your finances.
**Expensive.** Court fees, legal costs, and ongoing supervision fees can run to thousands of pounds. And unlike an LPA, which you set up once, a deputyship requires annual reporting to the Court of Protection.
**Uncertain.** The Court appoints the deputy — it may not be the person you would have chosen. And the Court's supervision means your family has less flexibility than they would have had under an LPA.
**Stressful.** At an already difficult time, your family is forced to navigate a complex legal process rather than focusing on your care and wellbeing.
## Real Situations Where an LPA Makes a Difference
It can be helpful to think about the practical situations where an LPA matters most.
**Paying the mortgage.** If you are incapacitated and your spouse is not named on the mortgage, they may be unable to make payments or communicate with the lender without a Property and Financial Affairs LPA.
**Accessing savings.** Bank accounts held solely in your name cannot be accessed by anyone else — including a spouse — without legal authority. An LPA provides that authority immediately.
**Selling the family home.** If you need to move into care and your home needs to be sold to fund it, your attorneys can manage this on your behalf. Without an LPA, the property cannot be sold without a Court of Protection order.
**Medical decisions.** If you are in hospital and unable to communicate your wishes, a Health and Welfare LPA means your chosen attorney can be involved in decisions about your treatment and care. Without one, medical staff will consult with family members informally — but your family has no legal standing to insist on a particular course of action.
**Dementia.** Dementia is the leading cause of death in England and Wales. It progresses gradually, and there is often a window during which a person still has capacity to make an LPA. Once that capacity is lost, it is too late — an LPA can only be made by someone who has mental capacity at the time of signing.
## "My Spouse Will Be Able to Handle Everything, Won't They?"
This is one of the most common assumptions our advisers encounter — and unfortunately, it is not correct.
In England and Wales, marriage does not give a spouse automatic legal authority over the other's finances or medical decisions. Joint bank accounts can still be accessed, but sole accounts, investments, pensions, and property held in one name cannot be managed by a spouse without an LPA or a Court of Protection order.
The same applies to adult children. Even if you have a close and trusting relationship with your children, they have no legal authority to act on your behalf without an LPA.
## When Should You Make an LPA?
The straightforward answer is: as soon as possible.
An LPA can only be made by someone who has mental capacity at the time of signing. If you wait until a health crisis occurs, it may be too late. And because the registration process with the Office of the Public Guardian takes several weeks, it is important not to leave it until the last moment.
Many people make their LPA at the same time as their Will — it is a natural point at which to think about both documents together.
## How Grayling Windsor Thomas Can Help
Our advisers help families across the Midlands put Lasting Powers of Attorney in place — clearly, efficiently, and at a fixed fee.
The process is straightforward:
1. **A free, no-obligation conversation.** We start by understanding your circumstances and explaining your options in plain English.
2. **Choosing your attorneys.** We help you think through who to appoint, what powers to grant, and whether to include any restrictions or guidance for your attorneys.
3. **Drafting the documents.** We prepare your LPA documents carefully, ensuring they are correctly worded and legally sound.
4. **Signing and registration.** We guide you through the signing process and handle the registration with the Office of the Public Guardian on your behalf.
Our advisers can visit you at home anywhere across the Midlands, or meet with you remotely — at a time that suits you. Fixed fees, agreed in advance.
## Taking Action Now
The families who benefit most from an LPA are those who put one in place before they need it. By the time a health crisis occurs, it is often too late to act.
If you do not yet have a Lasting Power of Attorney — or if you have one that has not been reviewed recently — we would encourage you to take action now, while the choice is still yours to make.
[Arrange a free, no-obligation conversation with one of our Midlands advisers](/lp/estate-planning-midlands?utm_source=blog-aab&utm_medium=blog&utm_campaign=cmp_bG6xAXIYwI0xPl6X7KeceLU4qu9HigAn_t3MW-0c3oM&utm_content=act_fc8hycAypklolceVXNEE5svgcCHW3o7DBgtsRl-G5kU&utm_term=topic_lpa) to find out how straightforward it can be to protect yourself and the people you love.
Your family should not have to fight through the courts at the most difficult time of their lives. An LPA means they will not have to.
Lasting Powers of Attorney