How a Lasting Power of Attorney can help with making medical and financial decisions for your next of kin when capacity is lost

How many people have a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is an important legal document, it empowers a chosen individual (attorney) to look after your personal matters should you lose mental capacity.

The Association of Lifetime Lawyers  (formerly known as Solicitors for the Elderly) is a community of like minded legal professionals with additional skills to support older and vulnerable clients with the right legal advice.  

Research commissioned by the Association revealed that "only 7% of people have once compared to 39% with a Will."

Their research also discovered that "12.8 million people over the age of 65 run the risk of developing dementia, yet fewer than a million Health and Welfare LPAs are registered with the Office of the Public Guardian (OPG) across England and Wales. This suggests that almost 12 million of those people that are at high risk of future incapacity haven’t planned ahead to ensure their wishes are followed.”

Furthermore, they found "only 1 in 10 have a Lasting Power of Attorney (LPA), despite 84% wanting family or friends to make decisions for them when incapacitated.” and "Some 97% of UK adults do not have a Health and Welfare LPA in place and are at risk of leaving important personal medical and care decisions to chance." 

Many of us think our next-of-kin will be able to make medical and care decisions for us if we are no longer able to due to losing mental capacity, however in reality, this isn’t the case unless a Health & Welfare LPA is in place.  

Why do I need a Lasting Power of Attorney (LPA)?

If you lose mental capacity and don't have a LPA in place your loved ones won't have automatic authority to make decisions for you leaving vital decisions to the courts, medical and/or social services professionals to make, which may not reflect your wishes.  Also, if you don't have a Property & Financial Affairs LPA, financial and property issues such as bank accounts being frozen and bills not being paid could happen.

To avoid this difficult kind of legal situation it’s important to use a specialist lawyer who is experienced in this area of the law, and is trained to support people making these crucial, complex and difficult decisions.  

How our Private Client team can help you

Our specialist private client lawyers in London, Kent and the South East have extensive, and specialist experience of providing clients LPA advice.  Our Accredited Lifetime Lawyers, Andrea Kershaw, Claire Lovis and Nima Stepney specialise in helping people get an effective LPA in place.  

Before making your lasting power of attorney, we can guide you through the types of decisions which you need to consider and will advise you on the appropriateness of the powers you intend to grant. Our solicitors will prepare your lasting power of attorney, as well as drafting the documents for you to ensure that all your requirements are clear and legally binding.  

For clients who instruct us to prepare their LPAs in October and November, we are pleased to offer a 10% reduction on our usual fees (T&Cs apply).

While it can be difficult to think about yourself or a loved one losing mental capacity, it is wise to anticipate and prepare. If you are looking for LPA advice please speak with one of our expert private client lawyers today by calling 020 8290 0440.