Do I Need a Lasting Power of Attorney?

Lasting Powers of Attorney are a critical part of later life planning. Midwinters Partner, Mark Lynham ( ), explains more:


No-one likes to consider the possibility of losing the capacity to make decisions for themselves in the future, but failing to make proper preparations can have devastating and costly consequences, especially for our ageing population.

It is a common misconception that if you lose the capacity to make decisions for yourself in the future, for example through dementia, then your “next of kin”, e.g. your spouse, partner, children, etc, will be able to step into your shoes to help you. This is simply not the case. If you lose capacity to make decisions, no-one has an automatic right to make decisions for you and, without an Lasting Power of Attorney (“LPA”) in place, your family would have to apply to the Court of Protection to be appointed as your deputy, a process which is expensive and currently takes a year to complete.

The alternative is to make a LPA whilst you still have the capacity to do so. An LPA is a legal document by which you choose who you would want to make decisions for you in later life, should the need arise.

It is a document recognised by banks, building societies and state agencies and enables your attorneys to make decisions across a number of areas.

There are two types of LPA – the first covers Financial and Property decisions and another which covers Health and Care decisions. They are mutually exclusive and so, for example, you cannot use a Financial LPA to make decisions about Health matters.

By making LPAs, you have control over who can make decisions for you if you lose capacity. LPAs are a little like insurance policies – you make them in the hope of never needing them but by preparing for the worst, you could save your loved ones considerable stress and money in the long run.


This is a brief summary of the many good reasons for making an LPA.

At Midwinters, we can offer an obligation-free initial appointment and can tailor our services to suit your particular circumstances. Please call us on 01242 514 674 to discuss further.