A Power of Attorney is a bit like a Will – you often don’t organise one until you need it, and then it’s too late.
A Lasting Power of Attorney (LPA) allows people you trust to make decisions about your health and finances if you lose the capacity to do so yourself. And it’s not enough to be married to someone; even your spouse cannot make those sorts of decisions for you without an LPA.
Just ask Kate Garraway, or read our article about what happened when her husband was incapacitated with Covid. Having your Will and LPAs in place allows you to look after yourself and your loved ones.
When should I organise my Lasting Power of Attorney?
In a recent episode of The Martin Lewis Money Show Live, Martin Lewis makes no bones about the importance of having an LPA.
In the same program, he tells a studio guest that 25 is ‘a good age‘ to organise your LPA.
How do I organise my LPA?
Martin says one more thing about arranging your LPA:
As you are giving someone so much power over your life when you give them Power of Attorney, it’s important to get it right, and talk to a qualified professional about your decision. Preferably someone who has nothing to gain from your LPA!
How long does it take to arrange a Lasting Power of Attorney?
This is why it’s a good idea to start dealing with your LPA in good time, when you are not in a hurry.
In a previous post, we confidently predicted that delays in LPAs were slowing down. This has sadly not come to pass. The Office of the Public Guardian hoped to get the timescale from application to award of LPA down to 8 weeks, but it looks like it’ll stay at least 20 weeks for some time to come.
Start the process now!
No-one knows when they will need an LPA, just like no-one knows when they will need a valid Will.
So get it all underway now and you’ll be sorted.
Contact us to make an appointment with our Wills and Probate team. We’ll make sure you are covered.
Visit our branches for more information: Braintree, Brighton, Chelmsford, Croydon, Hornchurch, Solihull and Wickford.
My mother has an LPA and myself and my 2 sisters are named attorneys. Unfortunately one of my sisters no longer has anything to do with my mother as they fell out 4 years ago. My mother was going to make a new LPA without this sister as attorney. Unfortunately she never got round to it. My mother is now 93 and getting close to needing to hand over her affairs. Will it be possible to invoke the LPA with only 2 of us or does she need to make a new LPA? Also, I have heard that the sticking point may be the banks, which seem to demand that you are all physically present…..even with 2 of us that would be an issue as I live 200 miles away from my mother and it is unlikely that my estranged sister would turn up. Thanks for your help. Claire.
Thank you for your enquiry.
If your mother has capacity and no longer wishes your sister to be able to make decisions on her behalf in the event she loses capacity then your mother can execute a partial deed of revocation revoking your sister’s appointment. Your mother should attend a local solicitor who will need to see your mother alone to discuss her wishes.
If you mother does not have capacity to execute a partial deed of revocation then the existing Lasting Power of Attorney cannot be updated and your sister will be entitled to act. If the attorneys are appointed jointly then all attorneys MUST act, if any one of the attorneys becomes incapable or unwilling to act the remaining attorneys will not be able to continue acting, and the replacement attorneys will step in. If there are no replacement attorneys then someone will need to make an application to the Court of Protection to be able to make decisions about your mother’s property and financial affairs.
If the Lasting Power of Attorney appoints the attorneys to act jointly and severally then the other attorneys can act without your sister, however she is still entitled to be involved.