A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place to protect your future. Yet many people delay arranging an LPA because they believe it’s something only needed later in life. The truth is that an LPA must be made while you still have full mental capacity — meaning while you are able to understand the nature and effect of the document.
Once mental capacity is lost, even temporarily due to illness or accident, it becomes too late to set up an LPA. At that point, no friend or family member can automatically step in to manage your finances or make decisions about your care. Instead, they would have to apply to the Court of Protection for a deputyship order, which is a lengthy, expensive, and stressful process.
That is why the best time to put an LPA in place is always now, while you are well, capable and in control.
Why You Need to Act Before It’s Needed
A Lasting Power of Attorney is not a document that can be created reactively. It must be prepared at a time when you can clearly understand:
What an LPA is
What powers it gives
Who you want to act as your attorney
The responsibilities your chosen attorney will have
This requirement protects you from being pressured into decisions and ensures the document truly reflects your wishes. However, it also means that waiting until there is a problem — or even early signs of declining health — may make it impossible to legally complete an LPA.
Why Setting It Up Early Matters
Putting your LPA in place early gives you:
1. Control Over Who Makes Decisions for You
Without an LPA, the court can appoint someone to make decisions on your behalf. This may not be the person you would have chosen.
2. Immediate Protection
If something unexpected happens — such as a stroke, an accident, or a sudden illness — your chosen attorney can step in without delay.
3. Avoidance of Court Processes
Deputyship applications can take months to process. During that time, important decisions may be delayed, bills may go unpaid, and finances may be frozen.
4. Peace of Mind for You and Your Family
Your loved ones know exactly what you want and have the legal authority to act in your best interests. Most importantly, creating an LPA early avoids crisis-planning and ensures your future is protected in the way you choose, not through a court’s decision.
The Best Time to Set Up an LPA
The ideal time to create an LPA is:
When you are well
When you fully understand the document
Before any signs of cognitive decline
As part of your wider estate planning, alongside your Will
People often think LPAs are only for the elderly, but accidents, illnesses and unexpected life events can affect anyone at any age.
Creating your LPA now ensures you are protected, whatever the future brings.
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