Why Do You Need an LPA?

Langley Wellington

Why Do You Need an LPA?

Dementia Action Week takes place this week in the UK (19–25 May). The annual event is organised by the Alzheimer’s Society to raise awareness of dementia.

There are currently estimated to be 982,000 people with dementia in the UK, according to the Alzheimer’s Society, with the number expected to rise to 1.4m by 2040.

Dementia mainly affects people over 65, and the likelihood of developing dementia increases significantly with age. One in 14 people aged over 65 has dementia, which rises to one in six for people aged over 80.

Symptoms of dementia can vary, although the most common include:

  • Memory loss.
  • Difficulty concentrating, planning, or organising.
  • Problems with language and communication.
  • Misunderstanding what is seen.
  • Confusion.
  • Mood changes.

Dementia is progressive disease, which means symptoms get worse over time. At some point, people living with dementia may no longer be able to make decisions about their finances, health or welfare.

To protect against this, it is vital for those living with dementia to make a Lasting Power of Attorney (LPA) while they still have the mental capacity to do so.

Importance of LPA

An LPA is a legal document that allows you to appoint an individual (known as an attorney) or individuals (attorneys) to make certain decisions for you if you cannot make those decisions for yourself.

The two main types of LPA are:

  1. Property and financial affairs. This deals with decisions relating to finances and property, such as selling your house, paying your bills, accessing your bank accounts and collecting benefits.
  2. Health and welfare. Making a health and welfare LPA allows an attorney to decide about your medical care, daily routine, and any life-saving or life-sustaining treatment.

You can choose to make one or to make both.

Being someone’s next of kin doesn’t automatically mean you can make decisions on their behalf. Without an LPA, your loved ones may not be able to deal with your bank accounts or make decisions about your care.

If you lose capacity and do not have an LPA in place, your loved ones would have to apply to the Court of Protection to be appointed as your ‘deputy’ to be able to make decisions on your behalf.

Applying to the Court of Protection can be a costly and time-consuming process, and you don’t get a say in who the Court will appoint.

Benefits of Power of Attorney

Making an LPA in good time has various advantages. Some of the main benefits of powers of attorney include:

  • You retain control. Making an LPA means you get to choose someone you trust to make certain decisions for you, ensuring you retain control over your affairs.
  • You can plan for the future. Making an LPA encourages you to think about the future and acts as a safeguard.
  • It provides peace of mind. Knowing that you have taken the necessary steps to put the right legal protections in place eliminates worry and uncertainty.  
  • Protects your loved ones. Making an LPA means your family won’t have to go through the courts to gain control of your affairs, saving them time, stress, and unnecessary expense.

How to Make an LPA

There are various steps involved in making an LPA. You need to complete the relevant paperwork and then register an LPA with the Office of the Public Guardian (OPG) before you can start to use it.

It is advisable to get a solicitor to help make your LPA. The forms can be complicated, and mistakes are common.

A specialist power of attorney solicitor will ensure they are completed correctly and reduce the likelihood of any delays.

Find out more about lasting powers of attorney by reading our Frequently Asked Questions about LPAs.

Solicitor LPA Service

At Langley Wellington LLP, our specialist private client team has extensive experience drawing up LPAs and can guide you through the process.

To find out more about LPAs and how we can help, please click here.

To speak to our friendly and professional team today, please call 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham) or lawyers@langleywellington.co.uk.

Alternatively, you can fill in this contact form.

This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.

Recent Comments

No comments to show.

Related Articles

Do You Need a Lawyer for a Power of Attorney? 

|

World Alzheimer’s Day takes place on 21 September, an annual global event to raise awareness and challenge the stigma around Alzheimer’s disease and other dementia.    More than 55 million people worldwide live with Alzheimer’s and there are around 900,000 people living with dementia in Britain today, with millions more caring

What Happens If You Die Without a Will?

|

Intestacy cases (dying without a Will) have risen by 25 per cent over the last four years, according to a recent report in Today’s Wills and Probate. The article revealed that 51,136 Grants of Letters of Administration (a legal document granting someone the right to manage and distribute the estate

Top Tips for Writing a Will 

|

Did you know that nearly half (49%) of UK adults don’t have a Will in place? Or that one in ten adults in the UK have started making a Will but haven’t finished it yet?  The Association of Lifetime Lawyers has published these figures to coincide with this year’s Update

What to Do When Someone Dies 

|

National Grief Awareness Week takes place across England and Wales this week (2 December to 8 December 2024).  The now-annual event organised by the Good Grief Trust, aims to raise awareness about grief and provide support for those who are grieving by holding a series of events across the country. 

What Legal Documents Do I Need? 

|

The end of a year is always a good time for people to take stock and consider how they might do things differently in the future.  Saving money, exercising more, and eating healthier are some of the most common resolutions in the UK, and all very admirable pursuits to explore. 

Steps Involved in Probate 

|

Probate is the legal authority to manage a deceased person’s assets, although the term has grown to become synonymous with the entire estate administration process that is required when someone dies.   This involves dealing with any money, property, and possessions they had at the time of their death, settling any

Why You Should Use a Solicitor to Write Your Will

|

A Will is one of the most important legal documents a person can have. Regardless of your age, health, wealth or relationship status, everyone over the age of 18 should have a Will. Making a Will is the only way to ensure your assets pass to your intended beneficiaries after…

How Do I Make an LPA?

|

A Lasting Power of Attorney (LPA) is an important legal document that enables you to appoint a trusted person, or people (‘attorneys’), to make decisions about certain aspects of your life should there come a time when you are unable to make those decisions for yourself.   This might happen for

Protecting your Assets with Trusts

|

Trusts are a way of managing and protecting wealth for you, your loved ones, or your business needs. The primary purpose of a trust is to allow one party to hold various assets, such as money, land, investments, or property, for the benefit of another individual or group. There are

Wills Disputes and How to Avoid Them 

|

There has been a recent surge in inheritance disputes, with the Guardian reporting in March that as many as 10,000 people in England and Wales are now disputing Wills every year.  Most contentious probate cases are settled out of court. However, the number of disputes that end up before judges

Contact our Solicitors

Langley Wellington is a forward-thinking law firm acting for clients nationwide. Whatever your legal requirements, we are here to help.

Get in touch with our Solicitors today. Call one of our offices on the numbers provided below, or fill out our contact form here. 

Gloucester Office: 01452 521 286
Cheltenham Office: 01242 269 998
Contact Form (Global)

We will use the details you provide to respond to your enquiry. See our privacy policy for how we handle your information.

Langley Wellington