The Most Important Document You’ll Ever Make
Our founder, Nellie, has been in Lincoln this week at the College of Will Writing, studying Lasting Powers of Attorney (LPAs) and Business LPAs with The Much Hon. Craig Ward, Baron of Lundie – the author of The Law Society’s Lasting Powers of Attorney, A Practical Guide. So, given that LPAs are our theme of the week, let’s delve into what they are, why they matter, and why they might be the single most important piece of planning you put in place alongside (and possibly above) your Will.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document allowing you to appoint someone you trust to make decisions for you if you lose capacity due to illness, accident, or age.
There are two types:
🩺 Health and Welfare LPA:
Covers decisions about medical treatment, care, daily routines, and where you live.
💰 Property and Financial Affairs LPA:
Covers decisions about your bank accounts, bills, property, and managing your finances.
Without an LPA, even your spouse or children do not have the automatic right to make decisions on your behalf. If you lose capacity, your family would have to apply to the Court of Protection for Deputyship to act for you. This is a lengthy, stressful, and expensive process—often taking many months and typically costing £2,500–£3,000 or more in legal fees, court costs, and ongoing supervision fees. Don’t fancy that? Putting an LPA in place now ensures your chosen people can step in smoothly, without delay, if you ever need them to.
Why do I need an LPA if I already have a Will?
Your Will only protects your wishes after your death. An LPA protects your wishes while you are alive but unable to make decisions. They work together to protect your family, your wishes, and your assets across your entire life journey.
“But I’m young and healthy. Do I really need one?”
👉🏻 Yes! 👈🏻
Accidents, illnesses, or temporary incapacity can happen at any age. An LPA ensures your trusted people can:
✅ Pay your mortgage and bills if you’re in hospital
✅ Access your bank to support you or your children
✅ Make medical decisions you would want if you’re unable to speak for yourself
📌 5 LPA Facts & Misconceptions
✅ 1. “My partner can decide for me automatically.”
False. No one, not even your spouse, has automatic rights to make decisions for you without an LPA.
✅ 2. “LPAs are just for the elderly.”
False. Capacity can be lost at any age due to illness or accident. LPAs protect you and your family at every life stage.
✅ 3. “LPAs are expensive to set up.”
False. Compared to the cost of a Court of Protection application, LPAs are a far cheaper option.
✅ 4. “I don’t need an LPA if I have a Will.”
False. Your Will only takes effect after you die; your LPA protects you while you’re alive but unable to act.
✅ 5. “I can just fill out the forms online.”
True (ish). While you can DIY it, errors in wording can lead to rejection or serious limitations in how your LPA works, costing your loved ones time, stress, and additional legal fees. The online process recommends at three different stages that you seek professional advice. It’s too important not to get right!
Why precise drafting matters
Incorrectly drafted LPAs can cost thousands of pounds to fix and, worse, leave your loved ones unable to act when it matters most. It’s essential to get professional advice to make sure the clauses are drafted properly.
Poor drafting can:
⚠️ Restrict attorneys from managing certain assets
⚠️ Lead to rejected LPA applications, losing fees and time
⚠️ Cause confusion over life-sustaining treatment decisions
⚠️ Result in attorneys being removed entirely when it’s too late for you to have a say
We see clients who “DIY’d” an LPA online without realising they left out crucial clauses or created conflicts that prevent their attorneys from acting. The result? Delays, court applications, and additional legal costs during crises.
Working with AWAY Wills ensures your LPA is drafted with clarity, compliance, and your true wishes at heart, so it functions exactly as you need it to.
Why AWAY Wills?
LPAs are not about pessimism; they are about empowerment. They give you and your loved ones clarity, control, and confidence if the unexpected happens. At AWAY Wills, we blend legal expertise with warmth and empathy, ensuring your LPA is drafted to reflect your life, your values, and your family’s needs – without the overwhelm.
If you’ve been “meaning to get around to it,” let this be your sign. We’re here to help. After all, we’re trained by the person who literally ‘wrote the book.’
