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Do You Need a Lasting Power of Attorney? Here’s Why You Probably Do

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Do You Need a Lasting Power of Attorney? Here’s Why You Probably Do

By Lucy Batstone on March 28, 2025

Older adults discussing a Lasting Power of Attorney reviewing legal documents at a table

Why You Need a Lasting Power of Attorney in the UK (2025 Guide)

Most people plan for the future by writing a will—but few consider who would make decisions for them if they became unable to. A Lasting Power of Attorney (LPA) gives you peace of mind, ensuring someone you trust can step in when it matters most.

Whether you live in Swindon, Llanelli or elsewhere in England or Wales, setting up an LPA is one of the most important steps you can take to protect your health, finances, and family.

What Is a Lasting Power of Attorney?

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—whether due to illness, an accident, or a loss of mental capacity.

It ensures your affairs are managed by someone you choose—not left to chance or court intervention. You can find full guidance from the Office of the Public Guardian.

The Two Types of LPA

1. Property and Financial Affairs LPA

  • Lets your attorney manage your bank accounts, bills, property, pensions, and savings
  • Can be used immediately (with your consent) or only when you lose capacity

2. Health and Welfare LPA

  • Applies to decisions around your care, medical treatment, and life-sustaining care
  • Only takes effect if you are no longer able to make those decisions yourself

Why You Need an LPA—Even If You’re Healthy

Life is unpredictable. If something happens, your family won’t automatically have the right to make decisions for you—not even your spouse or children.

Without an LPA:

  • Your loved ones may need to apply to the Court of Protection—a time-consuming and expensive process
  • Banks could freeze your accounts, and bills may go unpaid
  • Healthcare providers may make decisions without input from your family

An LPA gives you control, and ensures the people you trust can act on your behalf. Age UK offers helpful advice on this as well.

Common Misconceptions

  • “I’m too young for this.” LPAs are useful for anyone—accidents and illness can happen at any age.
  • “My family will be able to decide anyway.” Not without formal legal authority from an LPA.
  • “It’s too complicated or expensive.” With the right help, the process is simple and affordable.

How to Set Up an LPA

  1. Choose your attorneys: Select people you trust—such as a spouse, adult child, or close friend.
  2. Define their powers: Decide whether they act jointly or independently and set any limits or instructions.
  3. Fill in the forms: The official forms must be signed and witnessed correctly.
  4. Register with the Office of the Public Guardian: Registration usually takes 8–10 weeks and must be completed before the LPA can be used.

What If You Don’t Have an LPA?

If you lose capacity without an LPA:

  • Your family must apply to the Court of Protection to become your deputy
  • This process can take months and involves legal fees and ongoing court supervision
  • You have no control over who the court appoints or how decisions are made

Setting up an LPA now is faster, simpler, and far less expensive than the alternative.

Local Legal Support from OLS Solicitors in Swindon & Llanelli

We help individuals and families in Swindon, Llanelli and across England and Wales to set up LPAs that reflect their wishes. Our experienced team makes the process easy and stress-free.

Whether you prefer a face-to-face meeting at our office or want to get things done remotely, we’re here to help you every step of the way.

Our Fixed Fees

  • Single LPA (either Financial or Health): £350 + VAT
  • Both LPAs (Financial & Health): £600 + VAT
  • Plus £82 per LPA payable to the Office of the Public Guardian

Peace of Mind Starts Here

Creating an LPA is a powerful way to safeguard your future and reduce stress for your loved ones. If you live in or near Swindon or Llanelli, we’d be happy to help you take the next step.

📞 Call: 01554 756952
🌐 Callback : www.ols-solicitors.co.uk
📧 Email: [email protected]

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    The Importance of Power of Attorney for the Over-50s: Why OLS Solicitors are Your Go-To Firm

    OLS Solicitors Blog

    The Importance of Power of Attorney for the Over-50s: Why OLS Solicitors are Your Go-To Firm

    By Lara Davies on November 7, 2023

    POA for over 50's

    The Importance of Power of Attorney for the Over-50s: Why OLS Solicitors is Your Go-To Firm

    As we navigate the journey of life, certain milestones require our attention, preparation, and thoughtful decision-making. One such milestone, often overlooked until necessity dictates, is the establishment of a Power of Attorney (POA). For individuals over 50, this is not just a matter of foresight but of practical wisdom. In this article, we’ll explore the compelling reasons for taking this step and introduce you to OLS Solicitors, a firm that combines expertise with cost-effective solutions.

    Understanding the Power of Attorney

    Power of Attorney is a legal instrument that allows one person to make decisions on behalf of another – decisions that are as crucial in times of sound health as they are when health falters. The individual who grants the authority is known as the ‘donor’, while the person who receives it is the ‘attorney’. There are different types of POA, each with its own scope and duration, such as Health and Welfare POA, Property and Financial Affairs POA, and Lasting Power of Attorney (LPA) which remains valid even if the donor loses mental capacity.

    Why the Over-50s Should Consider POA

    1. Proactive Health Management

    As we age, the likelihood of health-related issues increases. A Health and Welfare POA ensures that your medical care and daily routine can be managed according to your wishes, should you become unable to express them.

    2. Financial Security

    A Property and Financial Affairs POA safeguards your financial assets, ensuring that bills, investments, and property management are handled responsibly if you’re not in a position to do so yourself.

    3. Peace of Mind

    Setting up a POA offers peace of mind, not just for you, but also for your family. It clarifies your intentions and provides a clear legal framework for your care and the management of your estate.

    4. Avoiding Legal Complications

    Without a POA, if you become incapacitated, your loved ones may face lengthy and costly legal proceedings to obtain the authority to manage your affairs.

    5. Tailoring to Your Needs

    POAs can be as broad or as specific as required, giving you the flexibility to tailor the powers granted to your unique circumstances.

    Why Choose OLS Solicitors?

    OLS Solicitors is a firm that understands the nuances of POA and the importance of this service for those over 50. Their team of experts is adept at navigating the complexities of POA legislation, ensuring that your best interests are captured and legally protected. Here’s why they stand out:

    1. Expertise

    Their solicitors have a wealth of experience in drafting POAs that are robust, clear, and legally sound.

    2. Transparency

    With a clear fee structure of £350 plus VAT for each type of POA, OLS Solicitors provides a service that is both accessible and transparent.

    3. Personalised Service

    They offer a tailored service, listening to your needs and providing guidance that respects your wishes and circumstances.

    4. Accessibility

    Their approachable team is ready to answer your questions and guide you through the process with empathy and understanding.

    5. Peace of Mind

    The firm’s reputation for excellence ensures that your POA is in safe hands, granting you and your family the peace of mind you deserve.

    Taking the Next Steps

    For those over 50, the time to consider a Power of Attorney is now. It is a cornerstone of planning for the future, ensuring that your wishes are honoured and your affairs are in order. OLS Solicitors offers not just legal expertise but a commitment to making the process as straightforward and stress-free as possible.

    Should you wish to discuss your Power of Attorney needs or have any questions about the process, OLS Solicitors is at your service. Remember, it’s not just about preparing for the unexpected; it’s about ensuring the dignity and control over your life that you deserve.

    Disclaimer: The information provided in this article is for general informational purposes only and should not be considered as legal advice. Please consult with a solicitor for advice specific to your situation.

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