Many people assume Powers of Attorney are something to think about in old age or after a diagnosis. In reality, most Lasting Powers of Attorney (LPAs) are put in place by people in their 40s, 50s and 60s while they are completely well and simply want sensible arrangements in place. An LPA is not really about age — it is about making sure that if something unexpected happened, the people you trust could step in and help without delay or difficulty.
The biggest misconception about LPAs
The most important thing to understand is that LPAs must be made while you still have mental capacity.
Once capacity has been lost, it is no longer possible to make an LPA. Instead, families usually have to apply to the Court of Protection for a deputyship order. This process is significantly more expensive, takes much longer, and involves ongoing court supervision.
For many clients, putting LPAs in place is simply about avoiding this situation for their family.
Situations where LPAs are particularly sensible
While everyone’s circumstances are different, LPAs are often especially appropriate if:
- You own a property
- You have savings, investments or a pension
- You have children or dependants
- You run a business
- You help to support elderly parents
- You would want someone to deal with practical matters if you were ill
- You are updating your Will and want your affairs fully organised
Many clients simply reach a stage where they feel it is sensible to have proper arrangements in place, just as they would with insurance or a Will.
What age do most people make LPAs?
There is no “right” age, but many people now choose to put LPAs in place once they reach their late 40s or 50s, when financial and family responsibilities tend to be more established. Increasingly, I also see younger clients putting LPAs in place after seeing the difficulties experienced by parents or relatives who did not have them.
Signs it may be time to consider LPAs
You might want to think about LPAs if:
- You would want your partner or spouse to deal with finances if you were unwell
- You would want someone to speak to doctors on your behalf
- You travel frequently
- You are becoming responsible for family finances
- You prefer to plan ahead rather than leave things to chance
Often the right time is simply when you start wondering whether you should.
What happens if you leave it too late?
If someone loses capacity without an LPA in place, even close family members do not automatically have authority to manage finances or make decisions. Banks, pension providers and utility companies will usually refuse to deal with relatives without formal authority. In these circumstances, families often have to apply to the Court of Protection. This can typically involve:
- Several months of delay
- Court application fees
- Medical evidence
- Annual reporting requirements
- Ongoing supervision fees
Most clients choose LPAs simply to make sure their family never has to deal with this process.
How long does it take to put LPAs in place?
Preparing LPAs is usually straightforward. Once signed, they must be registered with the Office of the Public Guardian, which currently takes around 8–12 weeks.
Many clients are reassured to know that once registered, LPAs can simply be kept safely and may never need to be used. They are there if needed, rather like an insurance policy.
Choosing the right attorneys
One of the most important decisions is choosing who you would trust to act for you. This is usually family, but can also include trusted friends. What matters most is reliability, good judgement and someone who understands your wishes.
A calm and sensible piece of planning
For most people, LPAs are simply part of sensible life administration. They rarely feel urgent — until they suddenly are. Putting them in place early means they are done, organised, and one less thing to worry about.
If you are considering LPAs
If you are thinking about putting LPAs in place, please get in touch and we will be glad to help.
