Why you should consider a Lasting Power of Attorney before it’s too late

As we approach Dementia Action Week (19–25 May 2025), we wanted to share our professional insights into just how important it is to prepare a Lasting Power of Attorney (LPA).

There are currently around 982,000 people living with dementia in the UK. That number is projected to rise to 1.4 million by 2040.

While a lot of the attention is rightly focused on research and treatments, one of the most effective steps individuals and families can take today is to put an LPA in place.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose the capacity to do so yourself.

This could be due to dementia, a stroke, an accident, or any condition that affects your mental capacity. In most cases, these events strike without warning, which is precisely why it’s so important to plan ahead while you still have the capacity to do so.

There are two types of LPA:

• Health and Welfare LPA – Covers decisions about medical care, living arrangements, daily routine, and life-sustaining treatment.
• Property and Financial Affairs LPA – Allows someone to manage your finances, pay bills, access accounts, and even sell your home if required.

To ensure these decisions are made by the person(s) of your choosing, it is advisable to prepare both types of LPA.

Who can be an attorney?

You can appoint anyone as your attorney as long as they are over 18 and (for a Property and Financial Affairs LPA) have never been made bankrupt.

LPAs are powerful documents therefore you must trust any person who you appoint as your Attorney implicitly. For this reason most people choose a spouse, child, relative, or trusted friend.  However, if you do not have anyone who you trust to appoint as your Attorney, you could appoint a professional attorney, such as a solicitor.

You may appoint more than one attorney, who can act either to act jointly or jointly and  independently, depending on how much flexibility you want them to have. If appointed jointly, your attorneys will have to agree on all decisions and act together at all times, whereas if appointed jointly and independently, your attorneys will be able to act together or on their own when making decisions.

You should discuss with the person you wish to appoint as your attorney so that they are aware of your decision and  willing to take on the responsibility should the time come.

When should you prepare an LPA?

Ideally, you should prepare an LPA well in advance because it can only be prepared  whilst you  have mental capacity.

If you do not have capacity to prepare an LPA, your loved ones will need to make an application to the Court of Protection to gain the legal right to act on your behalf.

This process is much more time-consuming, expensive, and adds additional unnecessary stress to an already distressing time for your loved ones.

How do you prepare an LPA?

To make a valid LPA, you must:

• Choose your attorney(s) and decide how they make decisions (Jointly/Jointly and Independently).
• Decide whether to include any specific preference and instructions.
• Have the forms signed and witnessed, including by a certificate provider who confirms you understand the process and are not under pressure.
• In order to begin using the LPA it must be registered with the Office of the Public Guardian (OPG) – this can take between 10-16 weeks.

There are several legal requirements that must be met for an LPA to be valid and effective, which is why seeking professional legal advice is strongly recommended. Errors in the application can cause delays and may lead to additional costs.

How can Palmers Solicitors help with LPAs?

While it’s possible to prepare an LPA yourself, many people choose to involve a solicitor to ensure it’s done correctly, especially when:

• You have complex finances or family dynamics.
• You want to include specific instructions or preferences.
• You’re appointing multiple attorneys and need guidance on how they should act.
• You want to avoid costly mistakes that could delay registration or invalidate the LPA.

Our Wills and Probate legal team at Palmers can guide you through the process from start to finish, advising on your best options, acting as your certificate provider if appropriate, and handling the registration with the OPG.

Start the tough conversations

Putting a Lasting Power of Attorney in place is one of the most considerate decisions you can make for yourself and for those you care about.

If you’d like to discuss how we can help you set up an LPA or simply want to learn more, our experienced team is here to walk you through it. Contact Palmers Solicitors.