Why you should make a lasting power of attorney whatever your age: Nick Rhodes

Thanks to Covid, more people are conscious that illnesses and accidents have the power to affect anyone at any age. This has brought the importance of making a Lasting Power of Attorney (LPA) to the forefront of many people’s minds. Factors such as being ‘too young’ should no longer be a deterrent.
By Nick Rhodes, head of wills & probate at Blacks Solicitors
Published 27th Oct 2023, 11:45 BST

People can often be confused by what an LPA is and how it works. In its most simple terms, an LPA is a legal document that allows you (the donor) to choose and appoint one or more people (attorneys) to make decisions on your behalf in case you lose mental capacity at some point in the future.

In 2021 just seven per cent of people in the UK had made and registered an LPA. Despite the common belief that people are ‘too young’ or do not have sufficient assets, anyone over the age of 18 can put an LPA in place but you can only do so while you have mental capacity. Putting one in place now can give you and your family enormous peace of mind.

Hide Ad
Hide Ad

For the majority it’s worth being prepared in case of accidents or illness where you are no longer able to make your own decisions, because you lack mental capacity. I’m sure this will come as no surprise, but as a lawyer I’d always recommend being prepared for any eventuality as you never know what might be around the corner.

Nick Rhodes, head of wills & probate at Blacks Solicitors.Nick Rhodes, head of wills & probate at Blacks Solicitors.
Nick Rhodes, head of wills & probate at Blacks Solicitors.

If you’ve sat down recently and are considering making an LPA, you may be wondering how the attorney (the people you allow to make decisions on your behalf) will act. I hope it is reassuring to know that attorneys have a duty to make decisions that are in your best interests, and this involves them considering what your wishes are and will be in the future.

This might very well be straightforward if you have a close, personal relationship, however it’s always worth ensuring your wishes are clearly understood no matter the relationship with your attorney. Whether it’s expressing your wishes verbally or in writing while you still have capacity, this will make sure that any decisions made on your behalf in circumstances where you’re unable to make them yourself, reflect your own wishes.

When it comes to the relationship of a person with their attorney, it’s a common misconception that the responsibility of an attorney automatically falls to next of kin and they will be given the right to make decisions on your behalf. However, this isn’t the case. If you choose not to elect an attorney (and do lose mental capacity), the court can appoint a deputy and you won’t have any say in this appointment.

Hide Ad
Hide Ad

When making or registering an LPA, you must also bear in mind that anything filed in the document is legally binding, and you might want to consider updating your preferences and elected attorneys if these no longer reflect your wishes. It’s important to note, however, that both types of LPA (health & welfare and property & financial affairs) can be ended if you recover mental capacity.

Ultimately, making a LPA allows you to make better decisions and choices regarding your assets, property, finances, health and wellbeing, both now and in the future. An LPA gives peace of mind, knowing that your affairs will be looked after without causing costs, delays and stress for your family and loved ones. By making an LPA you can ensure control of your own future and peace of mind with your loved ones.

Nick Rhodes is head of wills & probate at Blacks Solicitors.

Related topics:People