What Is a Lasting Power of Attorney UK, and Why Are They Incredibly Important?

Lasting Powers of Attorneys (LPAs) play an essential role in ensuring your affairs are managed appropriately if you ever lose the ability to make decisions for yourself. Whether due to illness, accident, or age, a loss of mental capacity can occur unexpectedly. Below, key questions are explored to help you understand the importance of LPAs and how they operate.

What is a Power of Attorney? 

A Power of Attorney is a legal document that allows someone you trust (your ‘attorney’) to make decisions on your behalf. There are various forms of power of attorney, but the Lasting Power of Attorney (LPA) is specifically designed to cover scenarios where you may become unable to manage your affairs in the future, either temporarily or permanently.

Why are They so Important?

Lasting Power of Attorneys (LPAs) are a vital legal tool in the UK that allow you to appoint trusted people to make decisions on your behalf if you lose mental capacity. They ensure your finances, property, health, and personal welfare are managed according to your wishes, provide peace of mind for you and your loved ones, and prevent delays, stress, and costly court applications. Planning ahead with LPAs gives you control over your future and protects those you care about most.

What Are The Different Types of Lasting Power of Attorneys (LPA) and What Do They Do? 

An LPA allows your attorney(s) to make decisions about your finances, property, health, and welfare, depending on the type of LPA in place.

What is Mental Capacity?

Mental capacity refers to the ability to make your own decisions when they need to be made. The Mental Capacity Act 2005 sets out the framework for assessing capacity, emphasising that capacity is decision-specific and may fluctuate. A Lasting Power of Attorney comes into effect for health and welfare matters only once you have lost the relevant capacity, while for financial matters you can allow your attorney to act at any time, or only after incapacity.

Who Should I Choose As My Attorney?

Choosing an attorney is one of the most significant decisions in making a Lasting Power of Attorney (LPA). It is crucial to select someone you trust and who you believe will act in your best interests. Attorneys should have the skills to manage your affairs and be willing to accept the responsibilities involved.

An attorney can be anyone over the age of 18, with mental capacity, and not bankrupt for property and financial affairs LPA. In most scenarios the following individuals are choosen, however who you choose is completely up to you:

• A family member;
• A close friend; or
• A professional (solicitor/accountant)

In many cases, individuals choose to have just one attorney, whereas in other cases individuals choose to have multiple. If you decide to have more than one you will need to specify whether the attorneys shall act:

• ‘Jointly’ → Attorneys must make all decisions together; or
• ‘Jointly and Severally’ → Attorneys can make certain decisions together, but some can also be made separately; or
• A combination of both → In some decisions your attorneys can act ‘Jointly’ and in others your attorneys can act ‘Jointly and Severally’. 

How Does A Lasting Power of Attorney (LPA) Works In Practice?

Melissa (age 30), experiences an unexpected accident and loses her mental capacity, as defined under the Mental Capacity Act 2005.

Without a Property and Financial LPA:

If Melissa does not have an LPA in place to manage her money and property:

• Sole bank accounts are frozen — no one can access Melissas funds to pay for care, bills, or daily expenses.

• Melissas Joint bank accounts may also be frozen, depending on the bank’s policy.

• Investment management stops, and any previous authority to manage or trade investments is cancelled.

• Melissas Property can’t be sold, remortgaged, or rented, meaning a cohabiting partner might be unable to move house or access equity.

In these cases, someone (often a family member) must apply to the Court of Protection to be appointed as a Deputy to manage the person’s financial affairs.

• • ⏳ This process can take 6–12 months.

  • 💷 It’s costly, with court and supervision fees.

  • ⚖️ The Court decides who will act, which might not be who the individual would have chosen.

With a Property and Financial LPA

Because Melissa did make a Property & Financial LPA:

• Her Attorneys can access bank accounts and manage her money straightaway — no accounts are frozen.

• Bills, mortgage payments, and care fees can continue to be paid without interruption.

• Investments can be managed, and professional advisers can continue to act under the Attorneys’ authority.

• Her property can be sold, rented, or maintained if needed — ensuring funds are available for her care or living arrangements.

• No need for a Court of Protection Deputyship — her chosen Attorneys already have the legal authority to act.

✅ Outcome: Melissa’s finances stay on track, her affairs are managed smoothly, and her chosen people stay in control.

Without a Health & Welfare LPA

If Melissa doesn’t have an LPA in place to cover her health and personal welfare decisions:

• Her next of kin do not have automatic legal rights to make decisions about her medical treatment or care.

• Doctors and social services will make decisions based on what they believe is in Melissa’s best interests.

• Her family can’t decide where Melissa should live, what care she receives, or her daily routines.

• While professionals will consult her loved ones, the final say lies with the medical and social care teams, not her relatives.

⚖️ In very limited cases, a family member can apply to the Court of Protection to become a Health & Welfare Deputy.

With a Health & Welfare LPA

Because Melissa made an LPA for her health and personal welfare:

• Her Attorneys can make decisions about medical treatment if she can’t do so herself.

• They can decide where Melissa should live — for example, whether she stays at home with support or moves into care.

• Doctors and social care teams must consult her Attorneys, who have the final say on her care and treatment.

• Melissa’s preferences and values, such as dietary choices or end-of-life care wishes, can be respected and followed.

• No need for a Health & Welfare Deputyship, as the Attorneys already hold that authority.

✅ Outcome: Melissa’s health, wellbeing, and personal wishes are protected — and the people she trusts make decisions in her best interests.

What Are the Key Considerations Before Making a Lasting Power of Attorney (LPA)?

For more information contact us today on 029 2062 5835 for expert advice on Lasting Power of Attorneys. 

This article is for general information only and does not constitute legal advice.

Author & Editor: Laura Brewer

Private Client and Family Executive | Marketing and Business Development