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Why LPAs are in the spotlight
The importance of planning ahead was highlighted by the first UK-wide Power of Attorney Day in April 2026. It was launched by Carers UK and Standard Life, who hope the occasion will become an annual event to raise awareness and encourage more people to put arrangements in place before they are needed. Carers UK said powers of attorney can be especially important for unpaid carers, helping ensure that a person’s wishes and preferences are respected if they later lose capacity.
The Office of the Public Guardian has also encouraged people to start conversations with family and friends about LPAs, recognising that these discussions can feel uncomfortable but are an important part of future planning.
With support from Age UK and Dementia UK, they offer 5 top tips for starting a conversation about a topic that for many can be difficult:
- Plan ahead and find a time and place where everyone feels comfortable
- Have an open conversation, giving everyone time and space to express their views, while actively listening without judgement
- Respect each other’s choices about whether to have the conversation
- Start the conversation early, so that decisions are considered and informed
- Too much information at once can be overwhelming, so give friends and family time to read and consider everything
Recent reports have also highlighted the number of LPA applications rejected because of avoidable mistakes. MoneyWeek reported that 133,760 LPA registrations in England and Wales were rejected in 2024, with common issues including missing information, unclear writing and errors in the signing order. This underlines the importance of completing the forms carefully and getting specialist advice where needed.
Many people put off making a Lasting Power of Attorney (LPA) because they feel fit, healthy or too young to need one. However, illness, injury, dementia, stroke, accident or sudden incapacity often happen unexpectedly. It may be easier to keep putting them off, making a Will and putting LPAs in place are sensible and practical steps that can help protect you, your family and your wishes.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint trusted people (‘attorneys’) to help make decisions or make decisions on your behalf. A Property and Financial Affairs LPA can be used while you still have mental capacity, if you choose – or if you lose – capacity. A Health and Welfare LPA can only be used if you lose mental capacity to make the relevant decision.
In England and Wales, two types of LPA exist:
- Property and Financial Affairs. This can cover decisions about bank accounts, bills, pensions, benefits, property, investments and other financial matters.
- Health and Welfare. This can cover decisions about medical treatment, care, living arrangements and day-to-day welfare.
The Office of the Public Guardian is the government body responsible for registering LPAs and helping to protect people in England and Wales who may lack mental capacity.
Different rules apply in Scotland and Northern Ireland.
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What is meant by mental capacity?
Mental capacity means being able to make a specific decision at the time it needs to be made. It is not all or nothing; someone may be able to make some decisions but not others. For example, they may be able to decide what they want to eat or wear but may struggle to understand more complex decisions about property, finances, care or medical treatment. It is important to make an LPA while you have capacity and are still able to make clear, informed decisions.
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What happens if I don’t have an LPA?
Family members do not automatically have legal authority to manage someone’s affairs if that person loses capacity. Even a spouse, civil partner, adult child or close relative may face difficulties dealing with banks, pensions, property, care arrangements or medical decisions without the right legal authority.
If someone has already lost mental capacity and there is no valid LPA in place, their loved ones may need to apply to the Court of Protection to be appointed as a deputy. A deputyship order can give them legal authority to make certain decisions on that person’s behalf, but the process can take time and may be more complex and expensive than putting an LPA in place in advance.
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Why an LPA gives you more control
An LPA gives you more choice and, ultimately, peace of mind.
With an LPA you can:
- Choose who will act for you
- Appoint more than one attorney
- Include preferences and instructions
- Appoint replacement attorneys
- Make decisions while you still have capacity
- Reduce the burden on loved ones at what can be a difficult time
Attorneys must act in your best interests and follow the principles set out in the Mental Capacity Act 2005. This means they cannot simply do whatever they want with your money, property, care or welfare decisions.
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Why LPAs are not just for older people
LPAs are often associated with older people or those with dementia, but they can be useful for adults of any age, especially those with long-term health conditions, high-risk jobs or hobbies, business or financial commitments, or young or blended families.
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What are common mistakes when making an LPA?
LPAs are often associated with older people or those with dementia, but they can be useful for adults of any age, especially those with long-term health conditions, high-risk jobs or hobbies, business or financial commitments, or young or blended families.
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1. Leaving it too late, when capacity is already in question
An LPA can only be made while the person creating it has mental capacity. If there are already concerns about capacity, the process may become more complicated and additional evidence or advice may be needed.
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2. Assuming the family can automatically step in
Many people assume that a spouse, civil partner or adult child can automatically manage their affairs if they become unable to do so. Family members may not have legal authority to deal with banks, pensions, property, care decisions or medical matters without an LPA or other formal legal authority.
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3. Only making one type of LPA when both may be needed
There are two types of LPA: one for property and financial affairs, and one for health and welfare. Making only one may leave gaps, for example, where someone has authority to deal with money but not to make decisions about care or medical treatment.
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4. Choosing attorneys without proper thought
An attorney may have to make important decisions at a difficult time, so it is vital to choose someone trustworthy, reliable and able to act in your best interests. It is also worth considering whether multiple attorneys can work well together given wider relationship dynamics, for example family fallouts.
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5. Including unclear or contradictory instructions
Instructions in an LPA need to be clear, practical and legally workable. If the wording is vague, contradictory, or overly restrictive, it may cause confusion later or delay the registration or use of the LPA.
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6. Signing forms incorrectly
LPA forms must be completed and signed in the correct order by the right people. Mistakes with signatures, witnesses or dates can cause delays and may mean the forms have to be corrected or started again.
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7. Failing to register the LPA with the Office of the Public Guardian
An LPA cannot be used until it has been formally registered with the Office of the Public Guardian. If registration is left until a crisis arises, there may be delays at the very time when urgent decisions need to be made.
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1. Leaving it too late, when capacity is already in question
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Choosing the right attorneys
Choosing the right attorney is an important part of making an LPA. You should think carefully about appointing someone who is trustworthy, reliable and likely to understand and respect your wishes. If you appoint more than one attorney, it is also worth considering whether they will be able to work well together and make decisions calmly and responsibly.
You may also want to name replacement attorneys in case your first choice is unable to act. Before making your decision, speak to the people you are considering so they understand the role, the responsibilities involved and what matters most to you.
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TLW Solicitors’ point of view
“Many people think about LPAs only when a health issue has already arisen, but planning ahead can make things much easier for everyone involved. An LPA allows you to choose who you trust to make decisions for you, rather than leaving your family to deal with uncertainty, delay or a Court of Protection application at an already difficult time.”
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How TLW Solicitors can help
TLW Solicitors can help you understand the two types of Lasting Power of Attorney and decide what may be right for your circumstances. Our experienced team can talk you through who to appoint, how your attorneys should act, and whether any instructions or preferences should be included.
Getting early specialist legal advice can also help reduce the risk of errors, avoid unnecessary delays, and provide reassurance where there are concerns about capacity, vulnerability, or family disagreement. Making an LPA is an important step in protecting your future, making sure your wishes are taken into account and supporting the people closest to you.
