Why do I Need a Lasting Power of Attorney?

29th October 2025

Updated: Friday 30th January 2026

Why do I Need a Lasting Power of Attorney? This is a crucial question many people only consider when something has already gone wrong. Do I need an LPA if I’m healthy? Even if you are currently fit and independent, if you lose mental capacity without a Power of Attorney in place, no one, including a spouse or adult children, automatically has the legal authority to make decisions for you. In this situation, your loved ones must apply to the Court of Protection for permission to act, which can cause delays, added costs and stress at a time when decisions about your finances, care and wellbeing may be urgent.

Why is not having a UK Power of Attorney a problem?

Without a Power of Attorney, everyday tasks can quickly become major obstacles. Bank accounts may be frozen, bills unpaid and care arrangements delayed.

Even if someone knows your wishes, they cannot legally act on them without authority. Doctors and financial institutions are bound by law and cannot accept informal instructions from family members.

This lack of preparation often causes stress, conflict and uncertainty for those trying to help.

What is a Court of Protection deputyship?

A deputyship is a legal order issued by the Court of Protection. It allows someone to manage your affairs if you have lost capacity and did not make a Power of Attorney.

The process is significantly more complex than setting up a Lasting Power of Attorney. It can take several months, involves higher costs and requires ongoing court supervision.

Deputies must submit regular reports and may need permission for certain decisions. This makes deputyship slower and more restrictive than an LPA.

How does a Lasting Power of Attorney prevent these issues?

A Lasting Power of Attorney, created using a service like Power of Attorney Online, allows you to choose who will make decisions for you in advance. It only comes into effect if you need it, but once registered, it provides clear legal authority.

There are two types of LPA. A Property and Financial Affairs LPA covers money, bills and property. A Health and Welfare LPA covers medical treatment, care and living arrangements.

Having both in place ensures full protection and avoids the need for court involvement.

Is it difficult to set up a UK Lasting Power of Attorney?

Setting up an LPA is far simpler than many people expect. The key requirement is that you must have mental capacity at the time you make it.

With modern online services, the process can be completed step by step with clear guidance. Your details, attorneys and preferences are recorded, signed and then registered with the Office of the Public Guardian.

Using a guided service reduces the risk of errors, which is important as mistakes can delay registration.

When should you make a Power of Attorney?

The best time to make a Power of Attorney is before it is needed. Illness, accidents and sudden changes in health can happen at any age.

Once capacity is lost, it is too late to create an LPA and the only option is deputyship.

Why taking action now matters

Having no Power of Attorney leaves important decisions in the hands of the court rather than the people you trust. Creating a Lasting Power of Attorney is one of the most practical and caring steps you can take.

It protects your wishes, reduces stress for loved ones and ensures decisions can be made quickly and lawfully if the unexpected happens.

Planning ahead gives you control, clarity and peace of mind for the future.