People are living longer than ever — which is exactly why a Lasting Power of Attorney (LPA) has become one of the most important pieces of estate planning you can put in place. Whether you’re based in Swindon, Wiltshire, or out in the Forest of Dean around Lydney, the same risks apply: a sudden illness, an accident, or a diagnosis like dementia can leave you unable to make your own decisions, with no legal way for your family to step in unless an LPA already exists.
Dementia alone affects more than 850,000 people in the UK — that’s 1 in 14 people over 65, rising to 1 in 6 over the age of 80. Add in the risk of stroke, Parkinson’s and other neurodegenerative conditions, and the chances of losing mental capacity at some point in later life are much higher than most people realise.
Without an LPA in place, life becomes very difficult for the people left trying to pick up the pieces — often at the worst possible time. At Farsight Wills, we see this play out for families across Swindon, Wiltshire, and the Forest of Dean every year, which is why we want to clear up some of the most common myths and misunderstandings about LPAs.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows a person (the Donor) to appoint someone they know and trust — an Attorney — to make decisions on their behalf if they become unable or unwilling to do so themselves. Attorneys are legally required to act in the Donor’s best interests at all times.
There are two types of LPA:
- Lasting Power of Attorney for Health and Welfare
- Lasting Power of Attorney for Property and Financial Affairs
Health and Welfare LPA
This covers decisions such as:
- Day-to-day matters like diet and exercise
- Medical care
- Life-sustaining treatment
- Moving into a care home or sheltered accommodation
A Health and Welfare LPA can only be used once it is registered with the Office of the Public Guardian (OPG), and only once the Donor has lost mental capacity.
Property and Financial Affairs LPA
This covers decisions such as:
- Managing bank accounts
- Paying bills
- Collecting income and benefits
- Decisions about the home, including selling it
- Managing investments
Unlike the Health and Welfare LPA, a Property and Financial Affairs LPA can be used as soon as it’s registered — the Donor doesn’t need to have lost capacity. The Donor can also restrict what the Attorneys are allowed to do using the “instructions” section of the form.
Appointing Your Attorneys
You can normally appoint between 1 and 4 attorneys, and it’s essential to choose people you genuinely know and trust to act in your best interests. Attorneys can be appointed to act:
- Jointly — all attorneys must agree unanimously on every decision
- Jointly and severally — attorneys can make decisions on their own or together
- Jointly for some decisions, jointly and severally for others — a mixed approach
Mental Capacity: What It Actually Means
Before an LPA can be made, the Donor must be over 18 and have mental capacity. In practice, that means they need to understand:
- What an LPA is
- Who they want to make it
- Who they are appointing as Attorney
- Why they’ve chosen those particular Attorneys
- What powers the Attorney will have
If someone can’t make a decision because of an impairment or disturbance in the functioning of their mind or brain — late-stage dementia, for example — they’re unlikely to have the capacity required. Capacity is assessed on a decision-by-decision, moment-by-moment basis. Where there’s doubt, a GP or an independent mental capacity advocate can carry out an assessment.
Registration Times
Once submitted, LPAs usually take around 12 weeks to be registered with the OPG, though we have seen this stretch to 20 weeks at busier times. This is exactly why it pays to put an LPA in place well before you actually need it — not after a diagnosis or a health scare, when it may already be too late.
Now, Let’s Bust Those Myths
Myth: “I can arrange an LPA for my father now that he’s lost capacity.”
Reality: You can’t. An LPA can only be made by someone who currently has mental capacity. If capacity has already been lost and no LPA is in place, the only route left is an application to the Court of Protection, which will appoint a Deputy to act in the person’s best interests. This Deputyship process typically takes around 6 months, can be expensive, and carries a real risk that the application is refused, or that no provision is made for Health and Welfare decisions at all.
Myth: “I don’t need to register my LPA straight away.”
Reality: To be effective, an LPA must be registered with the Office of the Public Guardian. There’s a registration fee of £92 per document, and it’s means-tested — so if the Donor is on a low income or receiving benefits, they may qualify for a reduced fee or exemption.
It’s far better to register as soon as possible. If registration is delayed and the Donor’s capacity declines in the meantime, any hiccup with the OPG paperwork could mean the Donor is no longer able to sign — and the whole LPA becomes impossible to complete. Picture a loved one needing to move into a care home while you’re unable to access their funds to pay for it until the OPG has finished processing the application. It’s a stress worth avoiding.
Myth: “Once my LPA is registered, I’m stuck with it.”
Reality: Not true. A registered LPA can be revoked at any time, provided the Donor still has mental capacity, and individual Attorneys can be removed. What you can’t do is add new Attorneys to an existing LPA — for that, a new LPA has to be made and the old one revoked.
Myth: “LPAs are only for personal affairs, not for business owners.”
Reality: There’s no such thing as a dedicated “business LPA,” but a Property and Financial Affairs LPA can absolutely be used to keep a business running — covering staff payments, contracts, and day-to-day continuity. Many business owners choose to have two separate Property and Financial Affairs LPAs: one for personal finances, and one specifically for their business interests.
Capacity can be lost at any time — through an accident or a gradually deteriorating condition — so it’s never worth waiting until it’s too late.
Local Advice, Wherever You’re Based
Farsight Wills is an independent estate planning firm with offices in Swindon, Wiltshire, and in Parkend, Lydney, right in the heart of the Forest of Dean. Whether you’re looking for straightforward guidance on Lasting Powers of Attorney in Swindon or need a home visit somewhere in the Forest of Dean, we offer free consultations to talk through your options in plain English — no jargon, no pressure.
Get in touch with our Swindon office on 01793 433705 or our Lydney office on 01594 801137, email info@farsightwills.com, or find out more on our Lasting Power of Attorney page.