5 Reasons You Should Set Up a Power of Attorney Before You Need One

Reason 1

You Cannot Set One Up After You Lose Mental Capacity

A Lasting Power of Attorney Must Be Made While You Have Full Mental Capacity

This is the single most important thing to understand about a Lasting Power of Attorney — and the reason above all others why acting early matters so much.

An LPA is a legal document that allows you to appoint someone you trust — known as your attorney — to make decisions on your behalf should you ever be unable to do so yourself. But the law is clear: you must have mental capacity at the time you create and sign the document. Once that capacity is lost, the option to create an LPA is gone.

This is not a theoretical concern. Dementia affects around 1 in 14 people over the age of 65 in the UK. Strokes, serious accidents, and other conditions can affect mental capacity at any age and with little warning. No one plans to lose capacity — but those who plan ahead are the ones whose wishes get respected.

If you lose mental capacity without an LPA in place, your family cannot simply step in and manage your affairs. Instead, they would need to apply to the Court of Protection to be appointed as your deputy — a process that is significantly more complex, time-consuming and expensive than setting up an LPA in advance.

Reason 2

Your Family Cannot Automatically Manage Your Affairs

Being a Spouse, Child or Next of Kin Does Not Give You Legal Authority Over Someone Else’s Affairs

This surprises many people. Surely a husband or wife can manage their partner’s finances if they become incapacitated? Not automatically, no — and not legally.

In England and Wales, there is no legal right for a family member to take over another person’s financial or medical decisions simply by virtue of their relationship. Without a valid LPA, even the closest family members can find themselves locked out of bank accounts, unable to pay bills, manage property, or make healthcare decisions on behalf of someone they love.

We have seen families in Stockport and across Cheshire face real hardship because of this — mortgage payments falling behind, utility bills going unpaid, and critical healthcare decisions delayed — all because no LPA was in place.

There are two types of Lasting Power of Attorney, and most people benefit from having both:

• Property and Financial Affairs LPA — covers bank accounts, bills, property, investments and pensions
• Health and Welfare LPA — covers medical treatment, care decisions and, if you choose, decisions about life-sustaining treatment

Reason 3

The Court of Protection Process Is Costly and Slow

The Alternative to an LPA Is Far More Difficult — and Far More Expensive

If someone loses mental capacity without an LPA in place, a family member who wants to manage their affairs must apply to the Court of Protection to be appointed as a deputy. This is the only legal route available — and it comes with significant drawbacks.

The Court of Protection process can take many months to complete. During that time, the person’s financial affairs may be effectively frozen — bills cannot be paid, accounts cannot be accessed, and property cannot be managed. For families already dealing with the emotional toll of a loved one’s incapacity, this additional burden can be overwhelming.

The financial cost is also considerably higher. Court fees, legal costs and ongoing supervision fees can run to thousands of pounds — far more than the straightforward cost of setting up an LPA in advance. Deputies are also subject to ongoing court supervision and annual reporting requirements, adding a layer of administrative burden that an LPA attorney does not face.

Reason 4

It Puts You in Control of Who Makes Decisions for You

An LPA Lets You Choose Your Attorney — and Set the Terms

One of the most important aspects of a Lasting Power of Attorney is that it puts you in control. You choose who acts as your attorney — whether that is a spouse, an adult child, a trusted friend, or a professional. You can appoint more than one attorney, and you can specify whether they must act together or can act independently.

You can also include instructions and preferences within the LPA — guiding your attorney on how you would like decisions to be made, what matters most to you, and what you would or would not want in terms of medical treatment or care.

Without an LPA, those decisions fall to whoever the Court of Protection appoints — which may not be the person you would have chosen. Or, in the case of medical decisions, they may fall to healthcare professionals who have no knowledge of your personal wishes and values.

Creating an LPA is ultimately an act of self-determination. It ensures that the people making decisions about your life are people you trust, guided by your wishes — not strangers operating in a legal vacuum.

Reason 5

It Protects You at Any Age — Not Just in Later Life

A Power of Attorney Is Not Just for the Elderly — It’s for Anyone Who Wants to Protect Their Future

There is a widespread assumption that Powers of Attorney are something you think about in your seventies or eighties. In reality, they are relevant for any adult at any age.

Serious illness, accidents, and sudden health events do not discriminate by age. A stroke, a serious road accident, or a medical emergency can affect a 35-year-old just as easily as a 75-year-old. And at any age, if you have assets, property, savings, or dependants, the question of who would manage those things if you were unable to is a critically important one.

There are also practical situations beyond health that make an LPA valuable for younger people. If you travel frequently for work, live abroad for a period, or simply want to ensure that your financial affairs can be managed without interruption during a serious illness, a Property and Financial Affairs LPA provides a practical, flexible safety net.

Setting up an LPA in your forties, fifties, or even thirties is not pessimistic — it is prudent. It is the same logic that leads people to take out insurance or write a Will. You hope you never need it, but you are glad it is there if you do.