Lasting Powers of Attorney: Why We Need to Stop Thinking They’re Just for the Elderly

A Lasting Power of Attorney is not simply something to arrange when you retire. It is about protecting your future, your independence and the people you trust, whatever your age.

At Dale & Newbery, we have often highlighted the importance of Lasting Powers of Attorney (LPAs). Yet one misconception remains: that they are documents for pensioners, rather than something worth considering throughout adulthood.

Ask someone aged under 60 whether they have made an LPA, and the answer will often be no. The reason? They believe they are too young to need one.

But you do not have to be elderly to lose the ability to make decisions for yourself. A serious accident, stroke, brain injury or unexpected illness can change your circumstances overnight.

It is time to reassess Lasting Powers of Attorney and recognise them as an important part of planning for adult life.

Why waiting until retirement could be too late

Most people understand the importance of making a will, insuring their home and protecting their income. However, planning for a situation in which you can no longer make decisions yourself is often overlooked.

Imagine a substantial breadwinner in a Staines home suffering a serious injury and being unable to manage your finances. Your mortgage still needs paying, household bills continue to arrive and your financial commitments remain. Even your spouse or partner may not have the legal authority to access accounts held solely in your name.

This is why making a Lasting Power of Attorney matters. It allows you to choose who you trust to act on your behalf if you lose the capacity to make relevant decisions.

Your spouse or family cannot automatically take over

A common misconception is that a husband, wife, partner or adult child can automatically manage your affairs if you become incapacitated.

In England and Wales, being someone's next of kin does not, by itself, give them legal authority to manage your finances or make health and welfare decisions.

Without a registered LPA, your family may face difficulties dealing with bank accounts, property and financial commitments. An application to the Court of Protection for a deputyship may be necessary, bringing additional expense, delay and ongoing responsibilities.

Making an LPA in advance means you choose your attorney or attorneys yourself, rather than leaving the decision to be resolved through a court process.

What are the two types of Lasting Power of Attorney?

There are two types of LPA in England and Wales. You can make one or both, depending on your circumstances.

Property and Financial Affairs LPA

This allows your chosen attorney to deal with matters such as bank accounts, bills, pensions, investments and property, within the authority granted. With your permission, it can be used while you still have mental capacity as well as if you later lose it.

Health and Welfare LPA

This covers decisions about medical treatment, care arrangements and where you live. It can only be used when you lack the mental capacity to make the particular decision yourself.

Both types must be registered with the Office of the Public Guardian before they can be used. Planning ahead is essential, as registration cannot simply be left until a crisis occurs.

Five stages of life when you should consider an LPA

Making a Lasting Power of Attorney is not just for older people. It may be worth considering at several important life stages:

• Turning 18: Parents no longer have automatic parental authority to make decisions for their adult children. An LPA may allow trusted family members to help if needed, provided the young adult has the capacity to make one.

• Buying a home: A mortgage and other financial commitments still need managing if you become unable to deal with them yourself.

• Getting married or starting a family: Marriage does not automatically give your spouse authority over all your finances or health and welfare decisions.

• Running a business: An LPA may help a trusted person manage relevant financial matters if you cannot, forming part of wider business continuity planning.

• Living with an unmarried partner: Cohabitation does not automatically give your partner authority to manage your affairs or make decisions on your behalf.

These are not reasons to expect something to go wrong. They are reminders that planning for the unexpected is relevant throughout adult life.

An LPA protects your choices and independence

Some people worry that making a Lasting Power of Attorney means giving up control of their lives or finances. In reality, making one while you have mental capacity allows you to decide who you trust and what authority they should have.

You can appoint more than one solicitor, name replacements and, where appropriate, include preferences or instructions. Choosing the right people and ensuring the document reflects your wishes are important parts of the process.

Seeking advice from a solicitor can help you understand your options, avoid errors and ensure your LPA works as intended. It is also an opportunity to consider how it fits alongside your will and wider estate planning.

Existing LPAs may need reviewing when circumstances change, including following a relationship breakdown, the death of a solicitor or a change in your wishes.

Lasting Power of Attorney solicitors in Staines

A Lasting Power of Attorney cannot prevent an accident or illness, but it can help protect your choices and make life easier for the people who matter to you.

The public needs a shift in mindset: an LPA is not just about getting older. It is about being prepared, protecting your independence and deciding who you trust to act for you if the unexpected happens.

At Dale & Newbery, our solicitors draw on decades of experience, and an unsurpassed pool of collective knowledge in the Staines region, to help clients understand their options, prepare Property and Financial Affairs and Health and Welfare LPAs, and navigate the registration process.

If you have been putting off making a Lasting Power of Attorney because you think you are too young, now is the time to reconsider.

Contact Dale & Newbery to discuss making a Lasting Power of Attorney and take a practical step towards protecting your future.