Why should I make an LPA

If you become mentally incapable before making a Lasting Power of Attorney, it will become necessary for your relative, friend or solicitor to liaise with the Court of Protection to obtain a deputyship and this can be a drawn out and expensive procedure.

Many people choose to make a Lasting Power of Attorney at retirement age. This is often prompted by declining health or a new diagnosis.

However, there is a danger of leaving it too late to be able to make an LPA. A decline in mental capacity due to a condition such as dementia or Alzheimer’s Disease can happen very quickly. In the case of health crises such as brain injuries or strokes, there is often no warning at all.

If an LPA is needed but it is too late to make one, those close to the individual would need to make an application to the Office of the Public Guardian to be granted the right to act on their loved one’s behalf. This is not always a straight-forward process and rights are not always granted. Even if it is a relatively straight forward situation, applying to the Office of the Public Guardian will take upwards of three months, possibly significantly longer.

In order to avoid the risk of not having a LPA in place should it be needed, it’s recommended that you make an LPA just in case, just as you would make a Will. Any adult can choose to make a Power of Attorney, and it will remain valid for many years into the future, whether or not it’s ever required.