Most people think an LPA is something you write for old age. A nice-to-have. Something to worry about when you're 80.
This is one of the biggest misconceptions in estate planning. And when it goes wrong, it's catastrophic—not just emotionally, but financially.
Why you need an LPA now, not later
Capacity loss isn't age-related. It happens to young people. Accidents. Strokes. Illness. Mental health crises. Dementia can start at 50. None of this announces itself.
And the law is unforgiving: without an LPA in place, your family has zero authority to act on your behalf. None. Not even your spouse. Not even your closest family.
The Court of Protection
When someone loses capacity and has no LPA, the only legal way for family to act is through the Court of Protection. This is a real court system run by the government, and it's slow, expensive, and bureaucratic.
Here's what happens:
- Someone must apply to the court to become a deputy (the legal guardian of a person without capacity)
- The court charges £408 for the application
- Solicitors charge £1,500–£3,000+ to prepare the application and represent you
- Annual supervision fees apply: typically £1,000–£2,000+ in the first year, then ongoing
- Every significant financial decision requires court approval going forward—selling a house, investing money, making gifts
Total cost in the first year? Easily £3,400–£6,400. And that's ongoing.
But the real cost is time and stress
While the court application is being processed—which takes weeks or months—bills go unpaid. Medical decisions wait. Care arrangements are frozen. The person without capacity is stuck in limbo. Their family is stressed, powerless, and facing mounting legal bills.
This is especially painful when the person is in hospital and needs urgent care decisions made. The family can't make them. The doctors can't proceed. Everyone waits.
The LPA alternative
An LPA takes 30 minutes on the phone. It costs £300. Your chosen attorney (or attorneys) has instant legal authority to act on your behalf if you lose capacity. No court. No delays. No legal drama.
If you're married, both of you can have LPAs naming each other—and if you both lose capacity, you have backup attorneys. Full protection. Full peace of mind.
Who should have an LPA
The straightforward answer: everyone. But especially:
- Anyone with significant assets (house, savings, investments)
- Anyone with dependents (children who need care decisions made)
- Anyone in a relationship where your partner needs financial authority if you lose capacity
- Anyone over 50 (though age isn't the real risk factor—capacity loss is)
What an LPA covers
There are two types:
- Property & Financial Affairs LPA: Covers money, property, investments, bills, legal matters
- Health & Welfare LPA: Covers medical decisions, care arrangements, end-of-life decisions
You can have one, both, or name different people for each. You decide.
Don't wait for the crisis
Put an LPA in place now. It costs £300 and takes 30 minutes. When it matters, it will save your family thousands and protect the decisions that matter to you.
Get Your LPAs SortedThe point: The Court of Protection exists because people wait too long. Don't be one of them.