Take Charge of Your Future: Why & How to Set Up a Power of Attorney in Later Life
Growing older brings not only wisdom and treasured memories, but also the potential for unexpected challenges.
Physical and mental health concerns can arrive gradually or suddenly, affecting our ability to make important decisions about healthcare, finances, and daily living.
While these realities can be daunting, planning ahead can make an immense difference. One of the most significant steps you can take is to establish a Lasting Power of Attorney (LPA). In this article, we’ll explore what LPAs are, why they matter in later life, and how to get started in the UK.
What is a Power of Attorney?
In the UK, a Power of Attorney (POA) is a legal document that enables you (the “donor”) to appoint one or more people (the “attorneys”) to act on your behalf if you no longer have the mental or physical capacity to make your own decisions.
The most common form of POA used for future planning is a Lasting Power of Attorney (LPA). Setting up an LPA while you’re still of sound mind allows you to dictate in advance who will manage your affairs—ensuring you remain in control of important aspects of your life, even if unforeseen circumstances limit your capabilities.
Types of Lasting Power of Attorney
In England and Wales, there are two main types of Lasting Power of Attorney:
Why Setting Up a Power of Attorney in Later Life Is Important
- Preserving Your Wishes
Without a Power of Attorney, if you become unable to make or communicate decisions, your loved ones might need to apply to the Court of Protection to gain the authority to manage your affairs—a costly and time-consuming process that can delay vital decisions and add stress during an already challenging time. By setting up an LPA, you ensure your chosen attorney (or attorneys) can quickly and legally take the reins, acting in accordance with your preferences and best interests.
- Avoiding Family Conflict
When serious health issues arise and there is no clear plan in place, conflicts can emerge within families and among friends. Loved ones might disagree over how finances should be managed or which medical treatments to pursue. By creating an LPA, you offer clarity on who has decision-making authority, helping to diffuse potential disagreements and maintain harmony.
- Comprehensive Financial Management
As we age, day-to-day financial tasks like paying bills, managing bank accounts, or overseeing property matters can become more challenging—especially if health problems surface. With a Property and Financial Affairs LPA, your trusted attorney can step in to ensure your financial commitments are met on time, your best interests are safeguarded, and your estate remains managed in line with your wishes.
- Control Over Healthcare Choices
Healthcare decisions can be deeply personal, from daily care preferences to life-sustaining treatments. Setting up a Health and Welfare LPA empowers someone you trust to advocate for your preferences if you cannot speak for yourself. This might include where you receive care (e.g., nursing home or at home), dietary requirements, and the types of medical treatments you’re willing (or unwilling) to undergo.
- Peace of Mind for You and Your Loved Ones
Finally, having an LPA in place offers peace of mind. You’ll know that someone you trust will be able to look after your affairs if you become unable to do so yourself. Meanwhile, your family and friends will also be reassured that there is a clear plan and legal mechanism to support you in the event of a health crisis.
Choosing Your Attorney(s)
Selecting the right attorney(s) is one of the most crucial decisions when creating an LPA. Here are some factors to consider:
- Trust: You should have absolute confidence in your chosen attorney(s) to act in your best interests.
- Responsibility: Managing finances and medical decisions can be time-consuming and emotionally demanding, so ensure your attorney(s) are prepared and willing to take on this role.
- Expertise: For a Property and Financial Affairs LPA, it may help to choose someone with a good understanding of financial matters. For a Health and Welfare LPA, empathy and clarity about your healthcare wishes are vital.
- Availability: If your attorney(s) live far away or have demanding schedules, it may be more challenging for them to act on your behalf promptly.
You can appoint multiple attorneys to share responsibilities. For instance, you might appoint your spouse and a close friend, or perhaps all your adult children, so they can collaborate or split tasks. However, you must specify how they are to make decisions—jointly, jointly and severally, or a mix of both.
When to Set Up a Power of Attorney
The best time to set up an LPA is well before you anticipate needing it. You must have mental capacity at the time of making an LPA, which means understanding the nature, implications, and potential consequences of the document. Even if you feel perfectly healthy now, it’s never too early to plan—accidents or sudden health issues can happen at any age.
Remember, an LPA is not just for the elderly. Anyone over 18 can set one up. However, for those in later life, it becomes an especially pressing priority.
How to Create and Register an LPA in the UK
- Download the LPA Forms
You can download the official forms for Health and Welfare and Property and Financial Affairs from the UK Government website or request paper copies by phone.
- Complete the Forms
Fill in your details, your attorneys’ details, and instructions or preferences you want them to follow. You can also nominate replacement attorneys, who can take over if your main attorneys can’t act.
- Sign and Get Witnesses
The forms must be signed by you, your attorneys, and a certificate provider (an independent person who confirms that you understand what you’re doing and are not under undue influence). Each signature needs to be witnessed according to specific guidelines.
- Register Your LPA
Once completed and signed, you need to register your LPA with the Office of the Public Guardian (OPG). There is a registration fee for each LPA (currently £82 per LPA in England and Wales), although you may qualify for a reduction or exemption depending on your financial circumstances.
- Store the Document Safely
Keep the registered LPA document in a safe and accessible place. Let your attorneys and any relevant professionals (e.g., doctors, financial advisors) know you have an LPA in place and where to find it.
Common Misconceptions
“I’m too young to worry about an LPA”
Accidents and unexpected illnesses can strike at any age. It’s better to have one in place and not need it than the other way around.
“My family can just decide for me if something happens”
Without a registered LPA, your loved ones might face lengthy legal processes via the Court of Protection, and they may not be legally authorised to act on your behalf, even if that’s clearly what you would want.
“An LPA means losing control”
On the contrary, setting up an LPA is about retaining control. You specify how, when, and by whom decisions should be made if you lose capacity.
Final Thoughts
Preparing for the future is never an easy task, but a Lasting Power of Attorney can offer a priceless sense of security—both for you and those who care about you. By clarifying who can make decisions on your behalf and in what manner, you protect your wishes, reduce the risk of family conflict, and pave the way for swift, responsive management of your affairs in uncertain times.
If you are considering an LPA or have questions about the process, it’s advisable to seek professional guidance. A solicitor or other legal professional experienced in mental capacity law can provide detailed advice tailored to your individual circumstances. Remember: setting up an LPA well in advance can make all the difference when life takes an unexpected turn, ensuring that your wishes and best interests remain at the heart of all decisions made on your behalf.
