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When we think about planning for the future, a Will is usually the first document that comes to mind. It is a natural instinct to want to protect our families and dictate where our hard-earned assets go when we are no longer here. But what happens if you are still here, but simply unable to make your own decisions?

In modern estate planning, a Lasting Power of Attorney (LPA) is no longer just a “sensible addition” to a Will. Given our aging population, complex financial systems, and rigid legal frameworks, an LPA has officially shifted from being optional to absolutely essential.

The common misconception: “My partner can step in”

One of the most frequent phrases we hear at Jermyn Taylor is: “I don’t need an LPA yet. If anything happens to me, my spouse or children will handle things.”

Unfortunately, under UK law, this is a dangerous myth. Marriage, civil partnership, or next-of-kin status does not grant automatic legal authority over your life if you lose mental capacity due to an accident, a sudden illness, or a condition like dementia. Without a registered LPA:

• Joint bank accounts can be frozen: Banks frequently freeze joint accounts if one holder loses capacity to protect the vulnerable individual. This can instantly cut off a partner’s access to household funds for mortgages or utilities.
• Bills cannot be paid: Utilities, mortgage providers, and insurance companies will flatly refuse to speak to your family members if they are not legally authorised.
• Medical decisions are left to doctors: Your family can find themselves excluded from vital choices regarding your medical treatments or care home placements.

The two types of LPA you need

To ensure total protection, the legal system divides your affairs into two separate documents. Having both is crucial for seamless coverage:

1. Property and Financial Affairs LPA

This allows your chosen attorneys to manage your bank accounts, pay bills, collect benefits or pensions, and even sell your house if it becomes necessary. Crucially, this can be used as soon as it is registered (with your permission), making it highly helpful if you become physically frail rather than just mentally incapacitated.

2. Health and Welfare LPA

This covers decisions regarding your daily routine (like dressing and diet), medical treatment, moving into a care home, and life-sustaining treatment. Unlike the financial LPA, this can only ever be used if a medical professional confirms you lack the mental capacity to make the decision yourself.

The painful alternative: The Court of Protection

If you lose capacity without an LPA in place, your family is not completely powerless, but the alternative is incredibly stressful, slow, and expensive. They must apply to the Court of Protection for a “Deputyship Order”.

While an LPA allows you to choose exactly who you trust to act for you at a relatively modest cost, a Deputyship application can take up to a year to resolve, costs thousands of pounds in legal and ongoing court fees, and requires strict annual reporting. During those months of waiting, your family’s life is effectively put on hold during an already highly emotional time.

Control, certainty, and peace of mind

Putting an LPA in place is not an admission that the worst will happen; it is an act of empowerment. It ensures that if the unexpected occurs, the steering wheel of your life remains in the hands of people who know your values, your wishes, and your family history.

At Jermyn Taylor, we always advise clients that a Will looks after your loved ones after you’re gone, but an LPA looks after you and your loved ones while you are still here. It is the missing half of a complete estate plan.

Is your estate plan complete? Don’t leave your family exposed to legal delays. Contact the specialist team at Jermyn Taylor today to set up your Lasting Power of Attorney with ease and professional oversight. Click here to book your free initial consultation. Home visits are available in certain areas. Contact us to enquire.

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