7 Costly LPA Mistakes Families Regret

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Don't wait until it's too late. Many families only learn about Lasting Powers of Attorney (LPAs) when they are facing a crisis.

A stroke. An accident. Dementia. A sudden illness.

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By then, important decisions may need to be made urgently, and without an LPA, loved ones can find themselves facing delays, stress and expensive court applications.

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Here are seven common mistakes families make and how to avoid them.

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Mistake 1: Thinking LPAs Are Only for Older People

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Many people assume LPAs are only needed when you reach retirement age.

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The reality is that a serious accident, brain injury, stroke or illness can happen at any age.

 

An LPA is not about your age.

 

It is about being prepared for the unexpected. 

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Mistake 2: Assuming Your Family Can Automatically Make Decisions For You

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This is one of the biggest misconceptions.

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Many people believe their husband, wife, partner, adult child or parent can automatically access bank accounts, deal with bills or make healthcare decisions.

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In most cases, they cannot do this without legal authority. 

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Without an LPA, your loved ones may be unable to act when you need them most.

 

 

Mistake 3: Waiting Until Capacity Is Already Lost

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An LPA can only be created while you still have the mental capacity to understand what you are signing. Once capacity has been lost, it is too late. At that point, your family may need to apply to the Court of Protection for Deputyship instead.

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This process is often longer, more expensive and more stressful than putting an LPA in place beforehand. 

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Mistake 4: Choosing the Wrong Attorney

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Your attorney may one day make important decisions about:

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• Your finances

• Your property

• Your care

•Your medical treatment

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Choose someone who is:

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✓ Trustworthy

✓ Responsible

✓ Organised

✓ Able to make difficult decisions

✓ Willing to act in your best interests

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Remember, being an attorney is a significant responsibility. 

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Mistake 5: Only Thinking About Money

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Many people create a Property and Financial Affairs LPA but forget about Health and Welfare.

Health and Welfare LPAs can cover decisions about:

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• Medical treatment

• Care arrangements

• Daily living support

• Life-sustaining treatment preferences

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There are two separate types of LPA, and many people benefit from having both. 

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Mistake 6: Not Registering the LPA

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Completing the paperwork is only part of the process.

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The LPA must be registered with the Office of the Public Guardian before it can be used. 

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An unregistered LPA cannot be relied upon when decisions need to be made.

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Mistake 7: Putting It Off Until "Next Year"

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This is the most common mistake of all.

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Many people know they should put an LPA in place but keep delaying it because:

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• They are busy

• They feel healthy

• They think there is plenty of time

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Unfortunately, life does not always give us warning.

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The best time to create an LPA is when you do not need it.

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The worst time is when you suddenly do.

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The Bottom Line

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A Lasting Power of Attorney is one of the most important legal documents you can have.

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It allows you to choose who will make decisions for you if you are no longer able to make them yourself.

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Without one, your family may face unnecessary stress, delays and legal costs at an already difficult time. 

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Planning ahead is not about expecting the worst. It is about protecting the people you care about most.