Skip to main content
Elderly lady on laptop
Advice

Why leave setting up an LPA until it is too late?

Emily Spencer Emily Spencer
2 min read
This blog is more than 5 years old

A Lasting Power of Attorney (LPA) is an important legal document that gives you the control to specify who you would want to make decisions if you were unable to make decisions (relating to your property and finances and/or health and care) in the future.

In order to set up an LPA, one of the requirements is that you need to have full capacity (understanding). The documents have been designed so that each LPA document requires a signature from a ‘certificate provider’ who must only sign the document if they believe that you have the ability to understand the document and that no-one is pressuring you to sign the document.

A loss of capacity is not just caused by developing dementia, for example it can occur through suffering a physical accident or as a result of a stroke. The requirement to have capacity before being able to set up an LPA means it is so important  that  there should be no delays in setting up an LPA, after all no one can predict when something may occur that would affect our capacity.

If you have not set up an LPA and then lost capacity, your loved ones would need to apply for a deputyship order in order to make decisions on your behalf. Applying for a deputyship order takes considerable more time and is more expensive than applying for an LPA. If an LPA was in place your chosen attorneys would be able to act as soon as you lost capacity (or sometimes before with your consent if it is one relating to your finances) rather than being unable to make a decision until the deputyship order is finalised.

There is an obvious risk that putting an LPA at the bottom of your ‘to-do list’ may result in more costs and delays in the future. So, why take the risk of leaving it till it could be too late? 

Client feedback

A pleasure to deal with. Very helpful,courteous,friendly advice and assistance regarding LPA,s and wills.
Stephen
Very pleased with the service I received from Emily Spencer when writing my will and applying for Power of Attorney. Meetings were well prepared and any jargon explained in plain English..Everything went smoothly and I was kept informed throughout the process..
Anonymous
Emily was very thorough and helpful looking at various scenraios when writing a Will. Effeficient and a friendly service. Thank you. Kind regards, Raj.
Raj
I appeciated all help given regarding my husband's estate and my will
Anonymous
Excellent service from start to finish. The solicitors were professional, friendly, and helpful throughout the process. They kept me informed, answered all my questions, and made everything straightforward. I highly recommend their services!
Mary
Monika made writing my Will very easy. Her calm and friendly approach was professional, clear and reassuring. I wouldn’t hesitate to recommend Winston Solicitors.
Paul
I chose Winston Solicitors to deal with my wife's estate on the recommendation of a family member. I was very satisfied with the friendly attitude of the team. Everything was dealt with as quickly as possible bearing in mind that some documents needed to dealt with by a family member in America. i was kept informed of progress every step of the way. Wonderful service.
David
My wife and I recently contacted Winstons Solicitors, with a view to update our Wills and talk about Lasting Power of Attorneys.We were introduced to Emily Spencer (Solicitor), who was friendly, very knowledgeable and talked to us at length with good communications and understanding of what we were asking for. Emily also took her time to go through our Wills and explaining about Lasting Power of Attorneys and what this meant regarding the health and financial sides.Emily has a professional manner and puts you at ease when explaining the legal side of Wills and Lasting Power of Attorneys, she goes through things carefully with understanding.She has been accessible throughout the processes, helpful with suggestions and replies to emails with effciency.Without hesitation we would recommend Winstons Solicitors, our experience has been smooth and faultless. It has been a pleasure dealing with Emily and Winstons Solicitors.
Kevin
Contact Emily