With the number of people living with Alzheimer’s continuing to rise, it’s also an important reminder of why planning ahead is so vital. One of the most practical steps you can take is putting a Lasting Power of Attorney (LPA) in place.
An LPA allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity.
Without one, your loved ones could face lengthy and costly legal proceedings before they are able to support you.
Why plan ahead?
Mental capacity often diminishes gradually, and families are left facing difficult decisions at a time of great emotional strain.
Common early indicators of Alzheimer’s include:
• Memory loss that disrupts daily life
• Difficulty planning or solving problems
• Confusion with time or place
• Changes in mood or personality
• Withdrawal from work or social activities
By the time these symptoms progress, it may be too late for the person affected to create an LPA themselves. In that case, family members would need to apply to the Court of Protection, which can be a slow and stressful process.
Understanding the types of LPA and why they matter
There are two main types of Lasting Power of Attorney, and you can choose to set up one or both:
• Property and Financial Affairs LPA: Covers decisions about money and property, such as managing bank accounts, paying bills, selling a home, or dealing with investments. Your attorney can act while you still have capacity (with your consent) and continue if you lose capacity.
• Health and Welfare LPA: Covers decisions about personal care, daily routines, medical treatment, and life-sustaining treatment (if you choose to give that authority). This type can only be used if you lose mental capacity.
How to set up an LPA
Here are the steps you need to take to create an LPA:
• Choose your attorneys: These should be people you trust absolutely, as they will be acting in your best interests. You can appoint more than one and specify whether they must act together or can act independently.
• Complete the forms: You can do this online or on paper through the Government website, or with the support of a solicitor to ensure everything is completed correctly.
• Register with the Office of the Public Guardian (OPG): An LPA must be registered before it can be used. Registration can take several weeks, so it’s best not to leave it until the last moment.
• Keep it safe: Once registered, make sure your attorneys and close family know where the document is stored and how to access it if needed.
We strongly recommend seeking legal advice when setting up an LPA to ensure nothing is overlooked that may affect the ability of attorneys to act on your behalf in future.
What happens if you do not have an LPA?
Without an LPA in place, if you lose mental capacity:
• Your loved ones cannot automatically make decisions for you, even if they are your spouse or children.
• They will need to apply to the Court of Protection for a deputyship order.
• This process is time-consuming, expensive and stressful, often taking months, which can leave bills unpaid and important care decisions delayed.
• Deputies appointed by the court are more closely supervised than attorneys under an LPA, adding ongoing costs and reporting requirements.
By contrast, an LPA ensures that decisions about your finances, property, health and welfare can be made by people you trust. It gives clarity, reduces uncertainty, and allows families to focus on care rather than legal obstacles.
Importantly, LPAs are not just for older people. Loss of capacity can result from illness or accident at any stage of life, which is why making one early is the most effective safeguard.
Inspiration and action
At Hethertons, we’ve seen first-hand the importance of raising awareness.
Our colleague Khal recently took part in the Great North Run, joining 1,700 others running for Alzheimer’s Society. Together, they helped raise an incredible £500,000 for vital support and research.
Just as Khal took steps to support awareness and research, creating an LPA is a step you can take to protect your family’s future. It provides peace of mind, knowing that if the unexpected happens, trusted people are ready to act in your best interests.
If you would like advice on making or updating an LPA, our private client team is here to guide you through every stage of the process.
