Are Lasting Powers of Attorney Worthwhile?

By Emma Lockwood

There are many reasons why LPAs (as they’re known) are important.  Here are just a few.

• They give you control over who will manage your affairs if you should lose the capability to do so yourself in the future.  LPAs allow you to appoint attorneys (often a spouse, your children or a close friend) to look after you when you no longer can, so you are able to choose who you wish to appoint. If you haven’t made LPAs and lose capacity, you could end up with someone applying for a deputyship order over you who you wouldn’t have chosen.

• They allow you to make decisions in advance of being unable to. You can add preferences or instructions into the documents making it clear to your attorneys what you want to happen with your finances or health decisions.

• They are registered at the point of being made, so there are no delays in future. Old style Enduring Powers of Attorney are still valid but can only be registered when you lose capacity to manage your affairs. This can take time (often 3-4 months) - time when your attorneys cannot access bank accounts to help make payments.

None of us know what the future holds, so it is important to make LPAs at an early stage. There are two types: one to cover property and finances, and the other to cover health and welfare decisions. You can choose different attorneys for each should you wish.

If you don’t have LPAs in place and would like to discuss them further, contact Emma Lockwood at Sampson Coward on 01722 410664 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 Emma Lockwood