Most families shy away from talking about death and inheritance. But there’s another subject that feels even more uncomfortable: What happens if someone you love loses the ability to make decisions for themselves?
It usually begins with a reassuring comment around the dinner table:
“Well, nothing like that will ever happen to you, Mum. But if it does, don’t worry – we’ll just sort out your bank and savings for you.”
If only it were that simple.
The Stark Reality
According to the Social Care Institute for Excellence (SCIE), around two million people in the UK currently lack the mental capacity to make decisions for themselves. Two million.
And here’s the important part: no matter how close you are to your loved one, you have no automatic right to step in and manage their money, investments, or debts – unless you hold a joint account.
The same goes for healthcare decisions. If they need hospital treatment or long-term care, you won’t have any legal say in how they’re looked after.
The Simple Solution
Thankfully, there is a straightforward way to avoid all this stress: set up a Lasting Power of Attorney (LPA) while your loved one still has capacity.
An LPA allows them (known as the Donor) to choose a trusted person – the Attorney – to make decisions on their behalf if needed. There are two types:
- Property and Financial Affairs LPA– covering money, savings, investments, property, and bills.
- Health and Welfare LPA– covering medical treatment, care decisions, and day-to-day wellbeing.
With these in place, you can be sure that if the worst happens, everything is legally secure and crystal clear.
How I Can Help
I guide families through the entire process – from the initial conversation with the Donor to completing and signing the paperwork, ensuring everything is valid, and then submitting it to the Office of the Public Guardian (OPG).
Once the OPG registers the LPA, it’s ready whenever needed. It doesn’t expire, and you have the peace of mind of knowing it’s safely in place.
A Word of Warning
If you wait until someone has already lost capacity, things get complicated – and expensive. Instead of a simple LPA, you’ll need to apply to the Court of Protection. That means:
- Proving the Donor wanted you to act on their behalf
- Keeping detailed records of every decision
- Producing an annual report of your actions
- Paying yearly fees
In short, it’s a far harder and more costly process than setting up an LPA in advance.
Back to the Dinner Table
So, let’s return to our family conversation. The children are now planning to set up LPAs for Mum and Dad. Mum and Dad are considering doing the same for their own parents. Because when it comes to protecting the people you love, it really is better to be safe than sorry.
If this resonates with you, I’d be delighted to help. I’ll make the process clear, quick, and affordable – and you’ll have the reassurance of knowing you’ve done the right thing for your family.
Until next time, stay safe.
Contact me about LPAs or any estate planning query:
ian.nicholson@bwep.uk
01277 562567
Facebook: @bwep.uk