Lasting Power of Attorney (LPA) Services in Suffolk
A lasting power of attorney (LPA) is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you become unable to do so. This may be due to illness, injury, or a loss of mental capacity. Our lasting power of attorney services in Suffolk help ensure your wishes are followed and that important decisions are made by people you trust, rather than being left to the courts.
There are two types of lasting power of attorney, each covering different areas of decision-making:
Property and financial
A Property and Financial Affairs LPA allows your appointed attorney to manage your financial matters on your behalf. This can include paying bills, managing bank accounts, dealing with investments, collecting pensions, or selling property if necessary. This type of LPA can be used while you still have mental capacity, if you choose, or only if you lose capacity in the future.
Health & welfare
A Health and Welfare LPA allows your chosen attorney to make decisions about your healthcare and personal welfare if you lose the ability to decide for yourself. This can include medical treatment, care arrangements, where you live, and decisions relating to end of life care. A Health and Welfare LPA only comes into effect if you lack mental capacity.
You may also want to consider setting up a will trust or reviewing your existing will as part of wider estate planning.
Creating a lasting power of attorney is a proactive step that helps protect both you and your loved ones. An LPA must be set up while you still have mental capacity. If capacity is lost before an LPA is in place, your family may need to apply to the Court of Protection, which can be a lengthy, expensive, and stressful process. Official guidance on lasting powers of attorney is available on the UK Government website. Many clients choose to arrange a lasting power of attorney alongside a will, ensuring both their future decision-making and estate planning are fully covered. If you also need help with will writing, you can read more about our wills and testaments service, and you can view the Suffolk areas we cover on our website.
A lasting power of attorney provides peace of mind by ensuring trusted people can act on your behalf if you are ever unable to make decisions yourself.
Consequences of Not Having a Lasting Power of Attorney (LPA)
Failing to establish a Lasting Power of Attorney (LPA) can result in several challenging consequences, including:
- Loss of Decision-Making Control: Without an LPA, if you become incapacitated due to illness or accident, your loved ones may be unable to make critical decisions regarding your health, finances, and personal welfare on your behalf. This lack of control can lead to disputes and delays in getting the necessary care or managing your affairs.
- Legal complications: Without an LPA, your family may need to apply to the Court of Protection to gain legal authority to manage your financial or personal affairs. This process can be time-consuming, costly, and emotionally draining, and decisions may be made by someone who does not know your wishes.
- Risk to Financial Security: The absence of a Property and Financial Affairs LPA can lead to issues managing your financial matters, paying bills, or handling assets, potentially jeopardising your financial security and interests.
- Ineffective Healthcare Decisions: In the absence of a Health and Welfare LPA, healthcare decisions may not reflect your wishes. Your loved ones may face difficulties in determining the best course of medical treatment or end-of-life care, potentially causing emotional distress and ethical dilemmas.
- Stress for Loved Ones: Your family and friends may experience considerable stress and uncertainty in making decisions on your behalf without clear legal authority. Disagreements among family members can arise, further complicating an already challenging situation.
In summary, not having an LPA can lead to a lack of control over your own affairs, potential legal complications, financial insecurity, and emotional stress for both you and your loved ones. Establishing an LPA is a proactive step to ensure that your wishes are honored and that your best interests are protected in case you are unable to make decisions for yourself.
We help clients arrange lasting powers of attorney across Suffolk, including Ipswich, Lowestoft, Bury St Edmunds and Felixstowe, with free home visits and flexible appointments available.