Five Things You Need to Know When Looking for an LPA (Lasting Powers of Attorney)
We all like to think we’re invincible. It’s a human trait, isn’t it? We plan our holidays, we plan our careers, and we might even plan what we’re having for dinner next Thursday. But when it comes to the “what ifs” of life — the moments where you might not be able to make your own decisions — most of us shove it to the bottom of the list.
At Tyto Law Solicitors, we see it every week with people from Crowle, across North Lincolnshire, and over in Lincoln. You’re busy. Life’s full-on. And it’s easy to assume a Lasting Power of Attorney (LPA) is something “older people” sort out, or that your partner or kids can just step in if anything happens.
They can’t. Not automatically.
If you lose the ability to make decisions and you don’t have an LPA, your loved ones are effectively locked out. They may have to apply to the Court of Protection — and that can mean serious delay, cost, and stress at exactly the wrong time.
As Oliver Saxon, Principal Solicitor, our job is to keep you in the driving seat, even if you’re not the one holding the wheel. Here are five things you need to know about LPAs (in plain English) so you can protect your future and keep your family out of the courtroom.
1. It’s Not Just About Your Money (The Two Types)
Most people hear “Powers of Attorney” and immediately think of bank accounts and house sales. While that’s a huge part of it, it’s only half the story. In England and Wales, there are actually two distinct types of LPA.
First, you have the Property and Financial Affairs LPA. This gives your chosen people (your “attorneys”) the power to manage your bank accounts, pay your mortgage, collect your pension, and even sell your home if needed. Without this, even a joint bank account can sometimes be frozen if one person loses capacity.
Second, and often overlooked, is the Health and Welfare LPA. This one only kicks in if you can’t make decisions for yourself. It covers things like where you live, your daily routine (diet, dressing), and, most importantly, medical treatment.
Imagine being in a hospital bed and having a doctor make a life-altering decision because your partner doesn’t have the legal standing to speak for you. It’s a distressing thought, right? Having both types of LPA ensures that every aspect of your life is protected by someone who actually knows your wishes.
2. The Court of Protection is a “Black Hole” for Time and Money
People in Crowle, North Lincolnshire, and Lincoln often tell us the same thing: “We’ll sort it when we need it.” The problem is, if you leave it until you need it, you might already be too late.
If you’re sitting there thinking, “I’ll just wait and see,” you need to understand the alternative. If you lose mental capacity without an LPA, your family has to apply to the Court of Protection for a “Deputyship Order.”
Let’s be blunt: the Court of Protection process is a nightmare compared to setting up an LPA. It is:
- Expensive: You’re looking at thousands of pounds in court fees and legal costs.
- Slow: It can take six months to a year (or longer) to get an order. In the meantime, your bills might go unpaid and your care could be in limbo.
- Intrusive: The court, not you, decides who is appointed as your deputy. They might even appoint a professional deputy who will charge your estate annual fees.
By working with lasting powers of attorney solicitors now, you are essentially buying an insurance policy against this “black hole.” You spend a little now to save a fortune (and a lot of heartache) later.
3. The “Capacity Trap”: Timing is Everything
This is the bit we have the hardest conversations about in our Crowle and Lincoln offices — because it catches families out.
This is the most critical point of all. You can only make an LPA while you have “mental capacity.” This means you understand what the document is, why you’re making it, and who you’re appointing.
The moment a doctor says you can no longer make those decisions, the door to an LPA slams shut. We’ve had heartbreaking calls from children whose parents have just been diagnosed with advanced dementia, asking us to help them set up an LPA. Sadly, at that stage, it’s often too late.
You need to act while you’re healthy. It’s much like an insurance policy: you can’t buy fire insurance while your kitchen is already up in flames. Whether you are 25 or 85, if you have assets and opinions on your own healthcare, the time to do this is now.
4. Choosing Your “Dream Team” (Your Attorneys)
Your attorneys don’t have to be legal experts. They just need to be people you trust implicitly. You can choose your spouse, your adult children, a sibling, or even a close friend.
However, you should think carefully about who is right for which role. The person who is great at managing a budget might be the perfect choice for your Financial LPA, but they might struggle with the emotional weight of making medical decisions for your Health LPA.
You can also appoint “replacement attorneys.” This is your backup plan. If your primary attorney is unable to act (perhaps they’ve passed away or lost capacity themselves), your replacement steps in. It’s all about building a fail-safe system so your family never has to scramble.
5. Why the DIY Route is Riskier Than You Think
Whether you’re sorting this from North Lincolnshire or Lincoln, you’ll see the same thing online: “Just do it yourself.” Sometimes that works. Often, it doesn’t — and you only find out when you try to use the LPA.
You might have seen that you can fill out LPA forms online yourself. And while it’s technically possible, it’s a bit like service-ing your own car brakes. If you get it wrong, you might not find out until it’s far too late.
The Office of the Public Guardian (OPG) is incredibly strict. A tiny mistake in how the forms are signed or witnessed can lead to the entire document being rejected. If that rejection happens after you’ve lost capacity, you’re back to square one: the Court of Protection.
A private client solicitor does more than just fill in forms. We provide:
- Legal Safeguards: We act as your “certificate provider,” confirming that nobody is forcing you into this and that you know exactly what you’re doing.
- Custom Instructions: We help you word specific “preferences” or “instructions.” For example, you might want to specify that you only want to be cared for at home, or that your house should only be sold as a last resort.
- Peace of Mind: We ensure the forms are registered correctly and stored safely.
A Note on Our Fees
At Tyto Law, we believe in being upfront. Because every LPA is slightly different (and pricing depends on what you need and how quickly you need it), we’ll talk you through the options and confirm the cost before we start. No surprises, no awkward “extras” later on.
If it helps, you can do this in the way that suits you: pop into our office in Crowle, visit us in Lincoln, or keep it simple with an online or phone appointment. You can check out more about our areas of practice here.
Don’t Leave it to Chance
Setting up an LPA isn’t about giving up control; it’s about taking control. It’s about making sure that if the worst happens, the people who love you most are empowered to look after you, rather than being hamstrung by red tape and court fees.
If you’re in Crowle, anywhere across North Lincolnshire, or over in Lincoln, we’d love to help you get this sorted. We pride ourselves on being friendly, jargon-free solicitors who actually listen — and who tell you what matters without drowning you in legal wording.
“An LPA is one of the kindest things you can do for your family — it removes the guesswork and the guilt at a difficult time.” — Oliver Saxon, Principal Solicitor, Tyto Law Solicitors.
“If you wait until there’s a crisis, you’re already on the back foot. The best time to set an LPA up is while life is calm.” — Oliver Saxon, Principal Solicitor.
Stop worrying about the “what ifs” and let’s put a plan in place. It’s easier than you think, and the relief you’ll feel once it’s done is worth it.
Ready to protect your future?
Give us a shout. Whether you want to pop into our Crowle office, visit us in Lincoln, or have a chat over the phone/video, we’re here to help.
- Visit our Contact Page
- Learn more About Oliver Saxon
- See the Locations We Cover
Don’t wait for a crisis to act. Let’s get your LPA sorted today so you can get back to enjoying life, knowing you’re fully protected.