Many assume a Lasting Power of Attorney (LPA) is only for the elderly. In reality, anyone over 18 can benefit—particularly those with assets, dependents, or business interests. While it’s possible to complete LPA forms yourself, doing so without legal advice is a gamble that can result in costly and sometimes irreversible mistakes.

What Is a Lasting Power of Attorney?

An LPA is a legal document allowing you (the donor) to appoint one or more trusted individuals (attorneys) to make decisions on your behalf if you lose mental capacity—or if you choose to delegate certain financial decisions. In England and Wales, there are two types:

• Property and Financial Affairs LPA – for managing finances, property, and business matters.
• Health and Welfare LPA – for decisions about medical treatment, care, and living arrangements

Without a valid LPA in place, no one automatically has the right to act on your behalf—not even your spouse or children. If you lose capacity without an LPA, your loved ones may need to go through the Court of Protection to gain decision-making power, a time-consuming and more costly process, to gain the authority to act on your behalf.

The Risks of DIY LPAs

• Rejection by the Office of the Public Guardian (OPG)
• Delays if the LPA needs to be resubmitted
• Legal disputes if the document is unclear or challenged
• Loss of control if the wrong powers are granted—or not granted at all

Many people don’t realise, for example, that LPAs must be signed in a specific order, or that failing to give proper instructions (such as how attorneys should act jointly or independently) can cause serious problems later. These are common misunderstandings which could be clarified with the help of a solicitor.

Benefits of Professional Legal Advice

Working with a solicitor ensures:

• Peace of mind that the document is valid, clear, and fully understood
• Tailored advice on choosing the right attorneys and structuring powers safely
• Safeguards against fraud or misuse of power
• Efficient registration with the OPG
• Protection of business continuity with a business-specific LPA

This is especially important if you have complex finances, own property, are in a blended family, or have a business.

Why LPAs Matter at Any Age

Serious illness, accidents, or mental health issues can affect anyone. An LPA protects your autonomy and provides clarity for those who may need to step in—spouses, partners, or parents don’t have automatic rights to make decisions for you.
You may benefit from an LPA if you:

• Would like your chosen loved ones to be empowered to act on your behalf
• Have dependent children
• Travel or live abroad
• Run a business
• Experience a temporary loss of capacity

Business LPAs: Essential for Continuity

If you’re a director, partner, or sole trader, loss of capacity can paralyse your business. A separate Business LPA (typically a tailored Property and Financial Affairs LPA) ensures someone can act quickly to keep things running.

It’s crucial to consider how your business agreements (e.g. Articles of Association or Shareholders’ Agreement) may interact with an LPA. Legal advice—especially from a corporate lawyer—can ensure alignment and avoid conflicting appointments.

A Sensible Safeguard

An LPA is like home insurance: you hope you never need it, but you’ll be glad it’s there if you do, should life take an unexpected turn. Setting one up professionally now avoids financial and emotional hardship later—for your family, your business, and yourself.

How we can help

LPAs are about preparation, not age. Whether you’re 30 or 70, self-employed or a company director, professional support ensures this essential protection works when it’s needed most.

Don’t wait. Don’t DIY. Speak to our highly experienced Wills and Probate team today to get started. Call 020 3440 8000 or email wills@tvedwards.com