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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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    Author

    • Lucy batstone child dispute lawyer

      Lucy is a Chartered Legal Executive specialising in divorce, financial settlements, private children matters, and life planning services including Lasting Powers of Attorney, wills, and probate. Known for her analytical approach and practical advice, she helps clients navigate complex situations with clarity and care. Outside of work, Lucy enjoys life in the countryside with her husband and a lively collection of animals.

      Chartered Legal Executive
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