Lasting Power of Attorney – Should I have one?

Written by: Alison Reijman Published: August 24, 2023

None of us likes to think about a time when we may no longer be able to manage our affairs or make decisions for ourselves. Having a Lasting Power of Attorney (LPA) in place when you are fit and well enables you to remain in control of your affairs. It will also give you and your loved ones peace of mind.

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What is an LPA? According to Kellie-Jayne Cox, solicitor and managing director of Alton law firm, KJ Cox Solicitors, there are two types.

  • Health and Welfare. This can cover all decisions regarding your health including life-sustaining treatment should you wish.  Once registered, this LPA can only be used if capacity is lost.
  • Property and Affairs.  This can cover all aspects of finances from paying bills to selling and investing property. Once this LPA has been registered, you can use it immediately – but only with the permission of the person making it. Or  you can opt for it to only be used at a time when it is deemed capacity is lost.

An LPA allows you to choose and appoint representatives called ‘Attorneys’.  Attorneys are people that you trust implicitly to make best interest decisions on your behalf at a time when you are no longer able to do so.

The LPA documents are designed in a way so that you can give instructions and personal preferences if you have any specific wishes to which  you would want your Attorneys to adhere, providing  it is always in your best interests.

The hope is that once registered, the LPAs will never need to be used. However, in the event of you losing capacity without an LPA in place, it would become necessary to make an application to the Court of Protection to appoint a suitable person to make decisions on your behalf. This can be a lengthy and costly process.

Want to know more? KJ Cox Solicitors will be giving a free presentation about LPAs at Brendoncare Alton on Saturday 9th September between 10am and 12 noon.

To reserve a place, please call 0300 303 4866 or email: