Powers of Attorney

Most people think about what happens when they die. Far fewer think about what happens if they lose the ability to manage their own affairs while they're still alive. A Power of Attorney is the document that answers that question — giving someone you trust the legal authority to step in and help, should the time ever come.

Two types, two purposes

There are two kinds of Power of Attorney, and it's easy to confuse them. A General Power of Attorney (GPA) is a short-term, practical tool — useful if you need someone to manage things temporarily, for example while you're abroad or recovering from an operation. It's quick to set up, but it stops working the moment you lose mental capacity, which is precisely when you're likely to need it most. A Lasting Power of Attorney (LPA) is different: it remains valid even after you've lost capacity, but it must be registered with the Office of the Public Guardian before it can be used — and that takes time.

Something worth understanding

Without an LPA, your family can't simply step in

This is one of the most common misunderstandings we come across. Even a spouse or adult child has no automatic legal right to access your bank accounts, speak to your doctors, or make care decisions on your behalf if you lose capacity and haven't put an LPA in place. The only alternative is for your family to apply to the Court of Protection for a Deputyship Order — a process that is significantly more expensive, can take many months, and is far more stressful than setting up an LPA would ever be.

"Think of an LPA like insurance. You put it in place hoping you'll never need it. But if you do — and you can't act for yourself — it makes your loved ones' lives so much easier at a time when everything else is already hard."

Choosing your attorneys

Your attorney is the person who will act on your behalf — so this choice deserves real thought. It doesn't have to be one person; you can appoint multiple attorneys and decide whether they must act together on every decision, or can act independently. You can also name a replacement attorney as a backup, in case your first choice is unable to act when the time comes. The most important quality isn't legal knowledge — it's that you trust them completely to act in your best interests, not their own.

Why timing matters

An LPA can only be made while you still have the mental capacity to understand what you're signing. Once that capacity is in question, it's too late — there's no way to create one retrospectively. The right time to put an LPA in place is well before it's ever needed, while it's simply a sensible precaution rather than an urgent necessity.