Lasting Power of Attorney: Why You Need One Before It’s Too Late

Many people assume that their loved ones will automatically be able to make decisions for them if they become unable to do so. Unfortunately, that’s not the case. Without a Lasting Power of Attorney (LPA) in place, your family may face legal barriers and lengthy court applications just to manage your finances or make important healthcare choices on your behalf.

At Toucan Law, we believe that an LPA is one of the most important legal documents you can put in place—right alongside your Will. It ensures that the people you trust the most have the legal authority to act in your best interests if you ever lose the ability to make decisions for yourself.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more trusted individuals (your ‘attorneys’) to manage your affairs if you become unable to do so. This could be due to illness, an accident, or conditions like dementia.

There are two types of LPA, and you can choose to set up one or both:

1. Property and Financial Affairs LPA – This gives your attorney the power to manage your finances, pay bills, access bank accounts, and even sell property on your behalf.

2. Health and Welfare LPA – This allows your attorney to make decisions about your medical care, where you live, and even life-sustaining treatment, but only when you are unable to make those decisions yourself.

   
   

What Happens If You Don’t Have an LPA?

If you lose mental capacity without an LPA in place, your family will not automatically be able to step in and make decisions for you. Instead:

• They will have to apply to the Court of Protection for a Deputyship Order, which can take months and cost thousands of pounds.

• The court, rather than you, will decide who is appointed as your deputy.

• Your loved ones may struggle to access your finances to pay for essential care or household expenses.

• Medical professionals will make decisions about your healthcare without input from those closest to you.

This stress and financial burden can easily be avoided by putting an LPA in place while you still have the capacity to do so.

Who Should You Choose as Your Attorney?

Your attorney should be someone you trust completely to act in your best interests. This could be:

• A spouse or partner

• A child or family member

• A close friend

• A professional attorney (such as a solicitor)

You can appoint more than one attorney and specify whether they must make decisions jointly or individually.

Common Misconceptions About LPAs

✅ “I don’t need an LPA because I’m young and healthy.”

• Mental capacity can be lost at any age due to accidents, strokes, or unexpected illnesses.

✅ “My partner or children will automatically be able to act for me.”

• No one has an automatic right to manage your affairs, even if they’re your closest family.

✅ “I have a joint bank account, so my partner can handle everything.”

• Many banks freeze joint accounts if one account holder loses mental capacity, meaning your partner could be left without access to funds.

Why Choose Toucan Law?

At Toucan Law, we make setting up an LPA simple, stress-free, and jargon-free. Our service includes:

✅ Expert Guidance – We’ll talk you through your options and ensure your LPA is tailored to your needs.

✅ Fixed, Transparent Pricing – No hidden fees, just clear and affordable legal advice.

✅Flexible Consultations – Meet us in our high street office in Weston-super-Mare, at your home, or online.

✅Full Registration with the Office of the Public Guardian (OPG) – Ensuring your LPA is legally valid and ready for when you need it.

With nearly 30 years of experience, Kylie Cox and the Toucan Law team go above and beyond to make sure you and your family are protected for the future.

Take Action Today

Don’t wait until it’s too late. Setting up an LPA now ensures that your loved ones can step in when you need them most. Contact Toucan Law today to arrange your free, no-obligation consultation.

📞 Call us: 01934 271027📧 Email us: [email protected]🌍 Visit us: www.toucanlaw.co.uk

Ensure your future is in safe hands with Toucan Law, the trusted Will writer and estate planner in Weston-super-Mare and North Somerset.