Planning for the future isn’t always comfortable—but it is one of the most important steps you can take to protect yourself, your loved ones, and your assets.
Two key documents form the foundation of good future planning: a Will and Lasting Powers of Attorney (LPAs). Together, they ensure your wishes are respected both during your lifetime and after your death.
Without them, families can face unnecessary stress, financial difficulty, and lengthy legal processes that could have been avoided.
What Is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that allows you to appoint trusted individuals (known as attorneys) to make decisions on your behalf if you lose the mental capacity to do so yourself.
There are two types of LPA:
- Property and Financial Affairs LPA – covers decisions about money, bills, bank accounts, and property.
- Health and Welfare LPA – covers decisions about medical treatment, care arrangements, and life‑sustaining treatment.
You must have mental capacity at the time of signing in order to create an LPA.
Why LPAs Matter
Having LPAs in place offers a number of clear benefits. They allow you to remain in control by choosing exactly who will make decisions on your behalf, and they give you the opportunity to set any specific instructions or restrictions you feel are important. You can change or revoke the document at any time while you still have capacity, and the overall process of registering an LPA is relatively straightforward, usually taking around twelve to sixteen weeks. LPAs are also far quicker and more affordable than the alternative—a Deputyship Order—and they spare loved ones from the stress and complexity of a Court of Protection application at a time when they may already be facing significant emotional pressure.
The Risk of Not Having an LPA: Deputyship Orders
If you lose capacity without an LPA, family members cannot automatically manage your finances or make health decisions. Instead, they must apply to the Court of Protection for a Deputyship Order.
A Deputy may be a family member or friend, provided the Court of Protection approves their suitability. If no one close to the person is willing or appropriate, a professional Deputy—such as a solicitor—may be appointed instead.
The Deputyship process itself is typically slow, often taking six to twelve months or even longer to complete. It is also considerably more expensive than preparing an LPA and involves a high level of complexity, including the submission of detailed financial and personal information. There is also a degree of uncertainty, as the individual concerned no longer has the ability to choose who will act on their behalf. Once the Order is approved, the appointed Deputy is then under the supervision of the Court who will probably require yearly accounts for example.
During this lengthy application period, loved ones may find themselves unable to access funds to pay bills, care fees or other essential expenses, which can create significant stress and difficulty at an already challenging time. Putting LPAs in place in advance prevents this scenario entirely and ensures that trusted people are able to step in without delay.
Why a Will Is Just as Important
A Will ensures that you are the one who decides who will inherit your estate. Without one, the strict rules of intestacy determine how your assets are distributed, and these rules can exclude important people in your life, such as unmarried partners, step‑children or close friends. A Will also allows you to choose who will manage your estate by appointing Executors, and it gives you the opportunity to name guardians for your children should the need ever arise. You can set out any personal gifts or sentimental items you wish to leave to specific individuals, and you can structure your estate in a way that is as tax‑efficient as possible.
Ultimately, a Will gives clarity, certainty and reassurance to the people you care about most.
The Risk of Dying Without a Will
Dying without a Will, known as intestacy, can lead to a number of serious consequences. Your estate may not pass to the people you would have chosen, and the law offers no protection for unmarried partners or step‑children, who receive nothing under intestacy rules. Situations like these often give rise to family disputes, as relatives are left without clear guidance about your wishes. The absence of a Will can also cause delays and complications during the administration of your estate, leaving loved ones facing financial difficulties at an already emotional time. In addition, dying intestate means losing the opportunity to plan for inheritance tax in the most efficient way, meaning that inheritance tax becomes payable when it might otherwise have not done with the right Will.
A Will ensures your voice is heard and that your wishes are followed.
Wills + LPAs = Complete Protection
Many people put off future planning until it’s too late. But having both a Will and LPAs ensures full protection:
- A Will directs what happens after death.
- LPAs control what happens during your lifetime if you lose capacity.
Together, they provide a seamless plan that protects your finances, health, and family at every stage.
Start Planning Today
If you would like to plan for the future by creating LPAs or preparing or updating your Will, please contact the Wills, Trusts and Probate team on 01788 579579 or email info@brethertons.co.uk.
Taking action now ensures peace of mind for you—and security for those you love.