Lasting Powers of Attorney: Planning for Incapacity as Well as Death

Death isn’t the only risk — incapacity can strike at any age. 

Without a Lasting Power of Attorney (LPA), families must go through the Court of Protection to deal with even simple finances. It’s slow, stressful and costly.

The two LPAs you need:

  1. Property & Financial Affairs – pays bills, manages accounts, handles property.
  2. Health & Welfare – covers treatment, care, and even where you live.

Choosing your attorneys: pick people who are trustworthy, organised and willing. You can appoint more than one, and you can set guidance or restrictions.

Letter of Wishes for LPAs: Just like with Wills, you can leave guidance to help attorneys make decisions in line with your values.

Things people don’t think about:

  • Marriage doesn’t give automatic rights — your spouse can’t “just take over.”
  • LPAs aren’t just for older people — accidents happen at every age.
  • Banks can freeze joint accounts if one holder loses capacity — another reason an LPA matters.

Practical tip: Put LPAs in place while you’re fit and well — it’s too late once capacity is lost.

Call to action: Get LPAs sorted now — your future self (and your family) will thank you.

Back to You are not Immortal – a practical guide to a delicate topic – IHT

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