What Is a Lasting Power of Attorney and Why Do You Need One?
- Sally Tofton
- Oct 25
- 4 min read
By Sally Tofton, Angel Wills – Will Writer & Estate Planner, South West England
A Little Story Before We Begin...
... a few years ago, I met a lovely couple from Weston-s-Mare in their sixties, Margaret and Peter. Margaret had always been the practical one — she handled the bills, the banking, and the day-to-day paperwork. When she suffered a stroke, everything changed overnight. Peter suddenly found himself unable to access their joint account, pay household bills, or even speak to her doctors about her care.
It wasn’t because anyone was being unkind — it was simply the law. Without a Lasting Power of Attorney (LPA) in place, no one (not even your spouse or children) has the legal right to make decisions for you if you lose capacity.
That experience stayed with me. It’s why, at Angel Wills, I always encourage my clients to create an LPA alongside their Will. It’s one of the kindest, most protective things you can do for your family.
To be continued...
Understanding What a Lasting Power of Attorney Really Is
A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone you trust — known as your attorney — to make decisions on your behalf if you become unable to do so yourself.
There are two types of LPA recognised in England and Wales:
Property and Financial Affairs LPA – covers decisions about money, property, investments, and bills.
Health and Welfare LPA – covers decisions about medical care, living arrangements, and daily wellbeing.
You can have one or both, and each can name different people to act as your attorneys.
Why You Need a Lasting Power of Attorney
We often imagine that our loved ones would “just take over” if something happened to us — but the reality is very different. Without an LPA, your family might need to apply to the Court of Protection to make decisions on your behalf. This process can take months, cost thousands, and cause enormous stress during an already emotional time.
With an LPA in place, everything is clear and immediate. You stay in control, because you’ve chosen who will act for you — whether that’s a partner, adult child, or trusted friend.
Here’s what I tell my clients:
“An LPA isn’t about expecting the worst — it’s about removing uncertainty and protecting the people who care about you most.”
When to Create a Lasting Power of Attorney
The best time to make an LPA is before you need it. You can only create one while you still have mental capacity.
I often work with:
Younger families planning ahead while life is busy (Young Families)
Middle-aged couples who are supporting both children and elderly parents (Middle-Aged Couples)
Older clients who want to make things easier for loved ones later on (Older Clients)
An LPA is also vital if you’re single or living alone — there’s no “automatic” decision-maker without one.
The Process of Making a Lasting Power of Attorney
At Angel Wills, I guide you gently through each step:
We talk about what matters to you – your values, family, and preferences.
You choose your attorneys – and any replacement attorneys for added security.
We complete and check the legal forms – ensuring everything is correct and ready for registration.
We register your LPA with the Office of the Public Guardian (OPG).
Registration currently takes around 20 weeks due to OPG processing times — so it’s worth doing early rather than waiting for a crisis.
Common Misunderstandings About LPAs
Many people are surprised by these facts:
Your spouse or next of kin cannot automatically act for you.
LPAs are not just for the elderly — they’re for anyone over 18.
You can still make your own decisions after creating an LPA, for as long as you’re able.
LPAs can be paused, changed, or revoked if your situation changes.
The NHS explains this clearly: “Creating a Power of Attorney ensures that decisions are made in your best interests by someone you choose and trust.”
... back to Weston, Margaret’s Peace of Mind
After Margaret left hospital and fully recovered, she and Peter came to see me. We created both types of LPA, naming each other and their two daughters as attorneys on a joint and severall basis (so they can make decisions independently of each other).
A few months later, when Margaret needed more medical care, Peter told me he felt such relief knowing he could legally support her, make decisions with doctors, and handle the finances smoothly.
That’s the power of an LPA — it turns chaos into calm.
Frequently Asked Questions
1. How much does a Lasting Power of Attorney cost?
You can see my transparent pricing here. The government registration fee is currently £92 per LPA although if you are in receipt of certain benefits this could be waived, or partially exempted (see GOV.UK fees).
2. Can I make an LPA online?
Yes, but it’s easy to make mistakes. I help clients complete, review, and register LPAs to ensure they’re valid and accepted first time.
3. Can I have more than one attorney?
Yes. You can appoint multiple attorneys to act jointly or independently. I’ll explain what each option means in practice.
4. What happens if I don’t make an LPA?
If you lose capacity without one, your loved ones will need to apply to the Court of Protection, which is time-consuming and costly.
5. Can I update my LPA later?
Absolutely. You can cancel or create a new one as long as you still have capacity, although registration fees will apply again.
Final Thoughts and Next Steps
Making a Lasting Power of Attorney is one of the simplest yet most powerful ways to protect yourself and your loved ones. It’s about dignity, choice, and peace of mind.
If you’d like help setting one up, I’d love to guide you through it — gently, clearly, and in your own time. You can contact me here for a friendly, no-obligation chat.
Creating a Lasting Power of Attorney isn’t about expecting the worst — it’s about preparing wisely so your loved ones can act with confidence when it matters most. Let’s make sure your wishes are protected.
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