Most of us understand why we need a Will to decide who gets our assets when we pass away.
But far fewer people stop to think about what would happen if they were still here but couldn’t make decisions for themselves. It’s not a pleasant thought, but an accident or an illness like dementia can happen to anyone at any age.
Without the legal right to act on your behalf, even your spouse or closest family members might find themselves locked out of your finances or unable to make crucial decisions about your medical care. This is where a Lasting Power of Attorney (LPA) becomes vital. It acts as a safety net, ensuring your voice is heard even if you can no longer speak for yourself.
We break down exactly what an LPA is, why it matters, and how you can put one in place to protect your future.
What does having Lasting Power of Attorney mean?
A Lasting Power of Attorney is a legal document that lets you (the 'donor') appoint one or more people (known as 'attorneys') to help you make decisions or to make decisions on your behalf.
Having an LPA means you are in control. You choose people you trust to step in if you ever lose the mental capacity to make your own decisions. Without this document, your loved ones do not automatically have the right to manage your bank accounts, pay your bills, or decide where you live, even if you are married.
Instead, they would have to apply to the Court of Protection to become a "deputy." This process is significantly more expensive, takes much longer, and can be incredibly stressful for families who are already dealing with a difficult emotional situation.
What is the most recommended type of power of attorney?
There isn't just one "best" type because they cover different areas of your life. In fact, most legal professionals recommend having both types of LPA to ensure you are fully covered.
The two types are:
1. Property and Financial Affairs LPA
This gives your attorney the power to make financial and property decisions. This can include:
- Paying bills
- Collecting benefits or a pension
- Selling your home
- Managing bank accounts
You can choose to let your attorneys use this power while you still have mental capacity (for example, if you are physically unwell and can’t get to the bank), or only if you lose capacity.
2. Health and Welfare LPA
This allows your attorney to make decisions about your daily routine and medical care. This can include:
- Your daily diet and routine
- Medical treatments
- Moving into a care home
- Life-sustaining treatment
Unlike the financial LPA, this one can only be used when you are unable to make your own decisions.
By having both in place, you ensure that no matter what happens whether it's a financial issue or a health crisis—the people you trust have the legal authority to help you.
What are the negatives of a Lasting Power of Attorney?
While an LPA is overwhelmingly a positive protective measure, there are some considerations to keep in mind.
The main "negative" is the risk of appointing the wrong person. An LPA gives someone significant power over your life. If you appoint someone who is dishonest or not good with money, they could misuse your funds. However, you can mitigate this risk by carefully selecting your attorneys, appointing more than one person to act together, and adding specific instructions or preferences to the document.
Another consideration is the cost. There is a fee to register the document with the Office of the Public Guardian, and if you use a solicitor, there will be legal fees. However, compared to the ongoing costs and hassle of a Court of Protection deputyship, an LPA is far more cost-effective.
What is the difference between a will and a Lasting Power of Attorney?
This is a very common question. The simple difference is when they are used:
- A Will protects your wishes after you pass away. It dictates who gets your money, property, and possessions.
- A Lasting Power of Attorney protects your interests while you are still alive. It dictates who makes decisions for you if you become unable to do so yourself.
Think of them as two sides of the same coin. A complete estate plan needs both to ensure you and your family are fully protected.
What are lasting powers of attorney, and how do they work in Bristol?
Whether you live in Clifton, Winterbourne, or the city centre, the legal framework for an LPA is the same across England and Wales. However, having local support makes the process much smoother.
When you set up an LPA, you aren't just filling in a form; you are making complex decisions about your future. You need to decide who your attorneys are, how they should act (jointly or separately), and who should be notified.
At Henriques Griffiths Bristol, our team helps you navigate these local and personal nuances. For example, if you have specific assets in Bristol or care preferences for local facilities, we ensure your LPA accurately reflects those needs. Once drafted, the document must be signed by a "Certificate Provider" someone impartial who confirms you understand what you are doing. We often fulfil this role for our clients to ensure everything is legally watertight.
Once signed, we handle registration with the Office of the Public Guardian, ensuring there are no errors that could lead to rejection or delays.
Can I make a lasting power of attorney without a solicitor?
Technically, yes. You can download the forms from the government website and fill them out yourself. However, this comes with risks.
The forms are long and can be confusing. If you make a mistake even a small one the Office of the Public Guardian may reject your application. You would then have to pay the registration fee again to resubmit.
More importantly, a solicitor ensures the document does what you want it to do. We often see DIY LPAs that contain contradictory instructions or fail to grant attorneys the specific powers they need (such as managing investment portfolios). Using a professional ensures your LPA is robust, valid, and tailored to your specific circumstances.
What documents do I need to prepare for a lasting power of attorney application?
To get the process started, you don't need a mountain of paperwork, but you will need some key information. When you meet with us at Henriques Griffiths Winterbourne or Bristol, it helps to have:
- ID: Passport or driving licence for identity verification.
- Attorney Details: Full names, addresses, and dates of birth of the people you want to appoint.
- Replacement Attorneys: Details of anyone you want to step in if your main attorneys can no longer act.
- Assets: A rough idea of your finances and property (though we don't need detailed bank statements at this stage).
- People to Notify: Names and addresses of anyone you want to be told formally that you are registering an LPA (this is an optional safeguard).
How do lasting power of attorney services handle data security and privacy?
When you are dealing with sensitive health and financial information, security is paramount.
As a regulated law firm, we are bound by specific rules regarding client confidentiality and data protection. We use secure systems to store your documents and personal data. Unlike online-only services that might automate data processing, we handle your information with the care and discretion you expect from a local, family-focused firm.
Furthermore, we can store the original documents in our secure strongroom, so you don't have to worry about them getting lost, damaged, or stolen at home.
Taking the next step for your peace of mind
Creating a Lasting Power of Attorney isn't about giving up control; it's about keeping it. It ensures that the people you trust are the ones making decisions for you, rather than strangers or the courts. It is one of the most loving things you can do for your family, sparing them significant stress and expense during difficult times.
For comprehensive legal assistance with creating a Lasting Power of Attorney, reach out to Henriques Griffiths Solicitors. Our experienced Wills, Trusts and Probate solicitors in Bristol and Winterbourne provide helpful, practical advice tailored to your unique situation. As a Lexcel-accredited firm, we are recognised for our commitment to exceptional client care. We ensure your options are clearly explained in straightforward terms, empowering you to make informed decisions when it matters most.
Contact our dedicated team in our Bristol or Winterbourne offices to discuss your estate planning needs and take the first step towards protecting your family's future.
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