We plan for many things in life, careers, retirement, even our Wills, but fewer people prepare for the possibility of losing the ability to make decisions for themselves. Yet with longer life expectancies and rising rates of dementia and other capacity-limiting conditions, planning for mental incapacity is more important than ever.
At Franklins Solicitors, we help individuals and families plan ahead with confidence and compassion. One of the most effective legal safeguards available is a Lasting Power of Attorney (LPA), a document that allows someone you trust to act on your behalf if you lose capacity.
Why LPAs Matter
LPAs are not just for the elderly. Anyone can suffer an unexpected accident or illness. Without an LPA in place, your loved ones will not have the automatic right to make financial or healthcare decisions for you, not even your spouse or children.
Instead, they may be forced to apply for deputyship through the Court of Protection, a lengthy, costly and emotionally demanding process. Creating an LPA in advance avoids this scenario and ensures that your wishes are respected by appointing the right people in the right way.
Two Types of LPA
There are two types of Lasting Power of Attorney:
- Property and Financial Affairs LPA – lets your attorney manage bank accounts, pay bills, collect pensions or even sell your home.
- Health and Welfare LPA – allows decisions about your care, treatment and where you live (but only if you’re unable to decide for yourself).
Both types can be tailored to your preferences and registered in advance for peace of mind.
Appointing Attorneys: Making it Work in Practice
When appointing attorneys, many people choose to name more than one person, often family members such as siblings or children, to act jointly or jointly and severally. This choice has serious practical implications.
If attorneys are appointed jointly, they must make all decisions together. This requires strong communication and a shared approach. Disagreements or lack of availability can make the arrangement unworkable and delay important decisions.
If attorneys are appointed jointly and severally, they can act either together or independently, which offers greater flexibility. However, this must be balanced against the need for trust and clarity.
Common challenges we see include:
- Disagreements between siblings or family members acting jointly
- Difficulty accessing bank accounts or making time-sensitive decisions
- Confusion over responsibilities and legal boundaries
If you’re acting as an attorney and encountering problems, or you’re unsure whether to appoint attorneys jointly or jointly and severally, professional advice can help you avoid future complications.
The LPA Process: Avoiding Mistakes
Creating an LPA requires:
- Choosing your attorneys and how they will act
- Completing the correct forms and wording
- Signing and witnessing the documents in the correct order
- Registering with the Office of the Public Guardian (OPG)
While it is possible to create an LPA yourself, errors are common and can lead to delays or rejection. At Franklins, we help clients get it right first time, ensuring the document is legally valid, reflects your wishes and works in real-world situations.
What About Existing EPAs?
If you made an Enduring Power of Attorney (EPA) before 1 October 2007, it may still be valid but it only covers financial decisions, not health or welfare. We can review your existing EPA to check if it remains appropriate or if a new LPA would offer better protection.
LPA vs Deputyship: The Cost of Delay
If no LPA is in place and you lose mental capacity, a loved one must apply for deputyship to manage your affairs. This route involves court fees, time-consuming paperwork, ongoing reporting obligations and possibly the appointment of someone you wouldn’t have chosen.
Creating an LPA is faster, cheaper and gives you more control over who will act for you and how.
Plan Ahead and Plan Thoughtfully
We frequently advise clients who’ve been appointed as attorneys, often alongside siblings and are unsure how to proceed or how to manage difficult dynamics. Choosing the right attorneys and the right structure (joint or joint/several) can avoid conflict, delays and unintended consequences.
Protect Yourself and Those You Trust
Putting a Lasting Power of Attorney in place is not just a legal task, it’s an act of care for your future self and the people around you. It gives your loved ones the tools they need to help you if the time comes.
Whether you’re preparing your own LPA or acting as an attorney for someone else, Franklins’ Wills, Trusts and Probate team is here to guide you. From start to finish, we ensure the process is handled correctly, compassionately, and with your best interests at heart.
Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change, and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.
Written by Natasha Thorne TEP
Associate Partner, Wills Trusts and Estate Planning at Franklins Solicitors LLP
Specialises in Wills, Inheritance Tax Planning, Lasting Powers of Attorney, Estate Administration, and elderly client matters including Court of Protection and Deputyship.
Natasha Thorne TEP is a Solicitor in the Private Client team at Franklins Solicitors LLP. She joined the firm in 2015 after achieving a First Class Law degree from Canterbury Christ Church University and completing her Legal Practice Course at BPP Cambridge. Natasha qualified in March 2018, following a Training Contract with seats in Corporate, Private Client, and Commercial Property.
Natasha advises on a broad range of Private Client matters, including Wills, Inheritance Tax Planning, Lasting Powers of Attorney, and Estate Administration. She has a particular interest in elderly client work, regularly assisting with Court of Protection applications, Deputyship management, and Care Home contracts. Natasha also works closely with the Property team on Residential Declarations of Trust.
She is a full member of STEP, having completed the STEP Diploma in Trusts and Estates.
Outside of work, Natasha enjoys scuba diving, cycling, and countryside walks with her two miniature Dachshunds, Logan and Noodle.
