Lasting Power of Attorney: Protecting Your Finances and Health — Before You Need It

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows you to appoint trusted people — your attorneys — to make decisions on your behalf if you lose the ability to make them yourself (for example, through illness, accident, or a progressive condition). It’s about staying in control by choosing who will help and how they should decide.

There are two types:

1. Property & Financial Affairs LPA – covers money, bills, banking, pensions, benefits, property, and investments.

2. Health & Welfare LPA – covers medical treatment, care arrangements, daily routines, and, if you choose, life-sustaining treatment decisions.

   
   

Why put LPAs in place now?

• Capacity can change suddenly. LPAs must be created while you have mental capacity.

• Banks and healthcare providers can’t rely on “next of kin.” Without an LPA, loved ones may face delays and obstacles.

• You decide the rules. You can set guidance and preferences tailored to your values.

• They reduce stress for families at a time when clear, lawful authority is most needed.
  

How the two LPAs work in practice

• Property & Financial Affairs LPA: You can allow attorneys to help as soon as the LPA is registered (useful if mobility or admin becomes tricky), or only if you lose capacity. They can manage accounts, pay bills, and liaise with financial organisations.

• Health & Welfare LPA: Attorneys can only act if you lack capacity to decide. They speak with medical teams, consider your known wishes, and choose care settings in your best interests.
  

Choosing your attorneys

Pick people who are:

• Trustworthy and organised — they’ll handle sensitive matters.

• Willing and available — talk to them in advance.

• Financially sensible (for the property LPA) and empathetic (for the health LPA).

You can appoint them jointly, jointly and severally (together or independently), and you can name replacement attorneys in case someone can’t act.

Safeguards and responsibilities

Attorneys must:

• Act in your best interests

• Keep records and accounts (for financial decisions)

• Follow your instructions and preferences documented in the LPA

• Consult you as far as possible and involve relevant professionals
  

Myths — busted

• “My spouse can do everything anyway.” Not without legal authority in many situations.

• “LPAs are only for older people.” Capacity issues can affect adults at any age.

• “It gives others control immediately.” You decide when and how attorneys can act.
  

Practical tips for setting up LPAs

• Put both LPAs in place; they work together.

• Be specific with preferences (e.g., types of care home, dietary or cultural needs) and instructions (e.g., two attorneys must agree on property sales).

• Tell key people where documents are stored.

• Review periodically to ensure your choices still fit your life.