For years, through my work in end-of-life care, I have taught that you don’t need a solicitor to make a Lasting Power of Attorney (LPA) — and you don’t. The process can be done online, and while it requires care and attention, it is entirely achievable.
What I have also seen, time and time again, is the distress caused when families assume they automatically have the legal right to speak on behalf of a loved one. Sadly, that isn’t the case. Without a registered LPA, even the closest family members have no legal authority to make decisions about health, welfare, or finances.
This became very real for our family. My mother-in-law was my father-in-law’s carer, but very sadly she died before him. Because she was his LPA, we had to apply to the Court of Protection to appoint someone to act on his behalf. It was a stressful, lengthy, and expensive process — at an already difficult time.
So, my husband and I have now completed and registered both LPAs naming more than one LPA on both:
- Health and welfare, and
- Property and financial affairs.
Having them signed, dated, and processed is a huge relief. It means that if either of us becomes unable to make decisions for ourselves, the people we trust can step in legally and without delay.
But completing the paperwork is only part of the journey. The next, and just as important, step is having the conversations. Making sure my husband and my children understand my wishes, values, and preferences, so that if the time comes when I can no longer speak for myself, they can do so with confidence and clarity.
Putting an LPA in place isn’t about giving up control. It’s about keeping it — and protecting the people you love from unnecessary stress when it matters most.
Next year I am considering adopting my friend’s new year’s resolution to start clearing out the house, one item a day. Wish me luck…
For more information, please visit Lasting Power of Attorney and Advance Decisions to Refuse Treatment | Rowcroft Hospice
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