Why You Shouldn’t Delay Registering a Power of Attorney
Sorting out legal documents is not something many people rush to do. It can feel difficult and emotional. But leaving a lasting power of attorney until the last minute can cause far more problems than it solves. Making and registering one early gives you control, and means decisions can be made smoothly if you ever need help.
What a lasting power of attorney is
A lasting power of attorney, or LPA, is a legal document that lets you choose one or more people you trust, called attorneys, to make decisions for you if you become unable to make them yourself. In England and Wales there are two types: one for property and financial affairs, and one for health and welfare. Scotland and Northern Ireland have their own systems.
An LPA can only be used once it has been registered with the Office of the Public Guardian. According to GOV.UK, registration costs £92 for each LPA and takes around 8 to 10 weeks if there are no mistakes in the application, so it needs to be done well before it is needed.
Life can change quickly
Illness, an accident or dementia do not always give warning. If you become unable to manage your affairs and there is no LPA in place, your family may have to apply to the Court of Protection to be appointed as a deputy. That is usually slower, more expensive and more stressful than making an LPA, and they may be unable to deal with everyday things like paying bills or arranging care in the meantime. Acting early avoids that stress.
Easier while you are well
You can only make an LPA while you have the mental capacity to do so. Doing it while you are well means you stay in control: you choose who to appoint, explain your wishes clearly and avoid rushed decisions. It is far easier to think carefully about what you want when there is no immediate pressure.
Support is available
Services like Power Of Attorney Online make the process simpler and quicker than most people expect. Guidance at each stage helps avoid errors, so you can be confident everything is set up properly without endless paperwork. See here for more details powerofattorneyonline.co.uk/.
LPA types compared
| Property and financial affairs | Health and welfare | |
|---|---|---|
| Covers | Bank accounts, bills, benefits, selling property | Care, medical treatment, where you live, daily routine |
| When it can be used | Once registered, with your permission even while you have capacity | Only when you lack capacity to decide |
| Registration | With the Office of the Public Guardian | With the Office of the Public Guardian |
Things to think about before you start
- Who you trust to act in your best interests, and whether they are willing.
- Whether attorneys must act together or can act separately.
- Any instructions or preferences you want to include.
- Who will act as your certificate provider, confirming you understand the LPA.
- Where the registered LPA will be kept, and who knows about it.
Frequently asked questions
Can I make a lasting power of attorney myself?
Yes. You can make and register an LPA yourself using the government’s forms or online service. Many people do it without a solicitor. Others use a solicitor or a specialist service for guidance, particularly if their affairs or wishes are complicated.
Can I cancel an LPA later?
Yes. As long as you still have mental capacity, you can cancel an LPA, and you should tell the Office of the Public Guardian and your attorneys. You can also make a new one if your circumstances or choice of attorneys change.
Final thoughts
Delaying a lasting power of attorney does not protect you. It leaves you and your family exposed. Putting one in place now means less worry for you, less stress for your loved ones and a smoother path if the unexpected happens.
For more on getting the right help with legal questions, read our article on whether AI is blurring legal advice.
