Lasting Powers of Attorney — Stay in Control, Whatever the Future Holds

An LPA is one of the most important documents you will ever put in place and one of the most commonly overlooked.

Most people focus on what happens to their estate after they die. But what happens if you lose the ability to make decisions for yourself while you’re still alive?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint people you trust — known as Attorneys — to manage your affairs on your behalf, if you ever become unable to do so yourself. It puts you in control of who makes decisions for you, and how those decisions are made.



Without one, even your closest family members may have no legal authority to help — leaving them facing a lengthy, costly, and stressful process through the courts at an already difficult time.


At NxtGen Wills, we make setting up an LPA straightforward, clear, and stress-free.

“An estimated 700,000 people in the UK have dementia — including 1 in 5 over the age of 80. Brain injuries, strokes, and mental health conditions can affect anyone, at any age. An LPA ensures that if that day ever comes, someone you trust — not a court — is making decisions on your behalf.”

What Happens If You Don’t Have an LPA?


If you were to lose mental capacity without an LPA in place, the only way your family could legally manage your finances or make decisions about your care would be to apply to the Court of Protection for a Deputyship order.


This process is far more complicated, time-consuming, and expensive than setting up an LPA — and the outcome is largely out of your hands:


  • The application can take anywhere from 12 weeks to 10 months to process — during which time your finances could be seriously affected.
  • The process involves significant court fees, security bonds, ongoing supervision fees, and potentially annual accounts submitted to the court.
  • A judge — not you — decides who is appointed as your Deputy. It may not be the person you would have chosen.
  • The appointed Deputy could even be a Panel Deputy — a retired solicitor or barrister working for the Office of the Public Guardian — rather than a family member.
  • Even once appointed, a Deputy can face strict limits on what they can do without further court permission — for example, they may not be able to write a cheque over £500 without approval.


By contrast, setting up an LPA is a straightforward, relatively quick process that puts you in complete control — while you still have the capacity to do so. Once that capacity is lost, it is too late to make one.


Property & Financial Affairs LPA


This type of LPA gives your chosen Attorneys the authority to manage your financial life — paying bills, dealing with banks and investments, collecting benefits, and even selling your property on your behalf. Unlike a Health and Welfare LPA, this can be used by your Attorneys at any time once registered — not only if you lose capacity. This can be helpful if you simply want someone to assist with your finances, whether through illness, absence, or personal preference.

Health & Welfare LPA


This LPA gives your Attorneys the authority to make decisions about your personal care and wellbeing — where you live, the care you receive, and if you wish, whether to consent to or refuse life-sustaining medical treatment. A Health and Welfare LPA can only be used when you have lost mental capacity — it does not give your Attorneys any authority while you are still able to make your own decisions.

Do You Need Both?


We strongly recommend putting both types of LPA in place. They cover very different areas of your life — financial and personal — and having both ensures your Attorneys can act fully on your behalf in any situation. Setting them up together is also more efficient and cost-effective than doing so separately at a later stage. Your NxtGen Wills adviser will guide you through both.

How an LPA Works in Practice


You can appoint any person aged 18 or over who has mental capacity and is not bankrupt. Most people choose a trusted family member or close friend. You can appoint more than one Attorney, and you can also name Replacement Attorneys to step in if your original choice is unable to act.


How your Attorneys act together


If you appoint more than one Attorney, you’ll need to decide how you want them to make decisions:


  • Jointly — all Attorneys must agree on every decision. This provides strong oversight but can slow things down.
  • Jointly and Severally — Attorneys can act together or independently. This is often the most practical option, as it keeps the LPA workable if one Attorney is unavailable or passes away.
  • Jointly for some decisions, Jointly and Severally for others — a flexible middle ground, though this option must be carefully worded to avoid the LPA being rejected at registration.


Guidance and restrictions


You can also include guidance for your Attorneys — setting out your preferences and wishes — as well as legally binding restrictions that limit what they can do. Your NxtGen Wills adviser will help you think through what is right for your situation.


Registering your LPA


An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. We strongly recommend registering it as soon as it is signed — delays can mean the document becomes out of date, which could lead to the OPG refusing to register it later.


Keeping your documents safe



Once registered, your LPA documents are important legal instruments. We recommend using a secure professional storage service rather than keeping them at home, to protect against loss, damage, or unauthorised use. NxtGen Wills offers a secure document storage service — ask us for details.


Don’t Leave It Too Late


An LPA can only be set up while you have mental capacity. Once that capacity is lost, the option to make one is gone — and your family may face a difficult and costly process through the courts instead.


The good news is that setting one up is simpler than most people expect. Our team at NxtGen Wills will guide you through the whole process with care and clarity — at a pace that suits you.


Get in touch today for a free, no-obligation conversation.

Or call us on 03330 048 466