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

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
Very thorough service and great communication throughout the whole process.
"Ruth"
We used Winstons to sort out our late fathers life interest trust. Emily was brilliant...very efficient, organised and knowledgeable.It was a complicated issue to us but Emily dealt with it quickly and efficiently...taking away the stress for us.
Mary
Emily Spencer was totally professional and answered all of our questions regarding drawing up Wills and our LPA. We have dealt with Winstons on two occasions now and will always go back to them.
Anonymous
My family and I have used Winstons for legal matters of all kinds, from Wills writing to property purchase and sales and advice on other personal issues. The service we have received has always been reliable, courteous and reflected our needs. We would have no hesitation in recommending Winston Solicitors to all potential users.
Anonymous
Highly professional and efficient service.They explained everything in plain English and made a complex process completely stress-free. I highly recommend them for PI Trust matters.
Anonymous
I have used Winston Solicitors to sort out my Will and to put Lasting Powers of Attorney in place. The people I have dealt with at Winston Solicitors have been both efficient and empathetic. I am entirely satisfied with the service I have received.
Peter
Very professional service , everything explained very clearly kept informed throughout the process
Helen
Contact Emily