Life has a way of throwing curveballs when we least expect them. One moment you’re making your own decisions, managing your finances, and living independently—the next, you might find yourself unable to make crucial choices about your care, your money, or your future. This is where a Lasting Power of Attorney (LPA) becomes not just important, but absolutely essential.
An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself. But despite its critical importance, many people delay setting one up, often facing devastating consequences when it’s too late.
The Four Things That Can Wrong Which Could Devastate Your Family
1. The Frozen Assets Nightmare: When Your Money Becomes Untouchable
Imagine your spouse or partner suddenly unable to access your joint savings account, pay the mortgage, or even withdraw money for groceries. Without an LPA in place, banks and financial institutions will freeze accounts the moment they suspect someone lacks mental capacity.
Sarah’s story illustrates this perfectly. When her husband David had a stroke at 58, she discovered she couldn’t access their joint business account to pay staff salaries or cover essential expenses. Despite being married for 30 years, the bank required a court-appointed deputy—a process that took eight months and cost over £3,000 in legal fees. Meanwhile, their business nearly collapsed, and their financial security crumbled.
The cruel irony? An LPA would have cost a fraction of this amount and prevented months of anguish. Without one, your loved ones face bureaucratic nightmares at the worst possible time, watching helplessly as bills pile up and opportunities slip away.
2. Medical Decisions Made by Strangers: Losing Control Over Your Own Care
When you can’t communicate your wishes about medical treatment, who makes those life-altering decisions? Without an LPA for Health and Welfare, it might not be your spouse, your children, or anyone who truly knows what you would have wanted.
Healthcare professionals, social workers, or even court-appointed strangers could determine whether you receive aggressive treatment, where you live, or what care you receive. They might make choices that go against everything you believe in, simply because your wishes were never formally documented.
Consider Margaret, who always said she wanted to remain in her own home if she developed dementia. Without an LPA, social services moved her to a care facility against her family’s protests. Her daughter spent two years fighting the decision, during which Margaret’s condition deteriorated rapidly in an environment she would have hated.
3. The Court of Protection Trap: Expensive, Slow, and Strips Away Your Choice
When someone lacks capacity and hasn’t appointed attorneys, the only option is applying to the Court of Protection for deputyship. This legal maze is expensive, time-consuming, and removes your right to choose who makes decisions for you.
The process typically costs between £3,000-£5,000 initially, plus ongoing annual fees. Court-appointed deputies face strict reporting requirements, limited decision-making powers, and constant oversight. They might not even be your family members—the court could appoint a professional deputy who has never met you.
Meanwhile, your loved ones endure months of uncertainty, legal battles, and emotional stress while bureaucrats decide your fate. The very people who know and love you most are sidelined in favor of a system that sees you as just another case number.
4. The Ticking Clock: Why ‘Later’ Might Be Too Late
Here’s the harsh reality: you can only create an LPA while you have mental capacity. Once that capacity is lost—whether through dementia, stroke, accident, or illness—the window closes forever. There’s no going back, no second chances, no “I wish I’d done this sooner.”
Statistics show that 1 in 6 people over 80 have dementia, and strokes can happen at any age. Car accidents, sudden illness, or medical emergencies don’t wait for convenient timing. Every day you delay is a day you risk losing the ability to protect your future and your family’s wellbeing.
The tragedy is that many people recognize the importance of an LPA but assume they have plenty of time. They put it off for months or years, only to discover that time has run out when they need it most.
Why Professional Guidance Matters More Than Ever
Creating an LPA isn’t just about filling out forms—it’s about making complex decisions that will affect your entire future. The wrong choice of attorney, unclear instructions, or technical errors can render your LPA useless when you need it most.
Professional estate planning ensures your LPA is:
- Legally sound and properly executed
- Tailored to your specific circumstances and wishes
- Comprehensive in covering all potential scenarios
- Coordinated with your broader estate planning strategy
Don’t gamble with your future or burden your family with avoidable crises. The peace of mind that comes from knowing your affairs are properly arranged is priceless—and the cost of getting it wrong is devastating.
Take Action Today
Your future self—and your family—will thank you for taking this crucial step today. Don’t let another day pass wondering “what if.” The protection and peace of mind an LPA provides is too important to leave to chance.
Contact us today to arrange your professionally prepared Lasting Power of Attorney. We’ll guide you through every step, ensuring your wishes are clearly documented and legally protected. Because when it comes to safeguarding your future, there’s no substitute for getting it right the first time.
Your family’s security and your peace of mind are worth the investment. Don’t wait until it’s too late.