When should you get a lasting power of attorney? Don't wait until it's an emergency

The single biggest mistake families make with lasting powers of attorney is waiting too long. An LPA is only valid if it is signed when you have the mental capacity to understand what you are doing. Once you lose capacity, it is too late to create one.

This is not a theoretical problem. Thousands of families every year find themselves unable to access a parent's bank account, make medical decisions, or manage property because no LPA exists and the parent is no longer capable of creating one.

The capacity window closes without warning

Capacity is not a switch that flips on age, diagnosis, or a specific medical event. It is functional and can fade gradually. You might notice your parent or a family member becoming forgetful before losing capacity completely. But you might also have no warning at all.

A stroke, a fall, dementia, or another sudden event can leave someone unable to sign an LPA overnight. If that happens, there is no power of attorney option: only the Court of Protection.

What happens without an LPA

If someone loses capacity and there is no LPA in place, anyone needing to manage their affairs (pay bills, access bank accounts, make medical decisions) must apply to the Court of Protection.

• The process takes weeks or months
• It costs £400-800+ in court fees and solicitor costs
• It requires evidence from doctors and assessments of capacity
• The court decides who will manage the person's affairs, which may not be who the person would have chosen
• The whole process is formal, public, and distressing for families already dealing with a health crisis

An LPA avoids all of this

A Lasting Power of Attorney, created while you have capacity, means the people you trust can make decisions and manage your affairs immediately if you lose capacity. There is no court, no delays, no uncertainty.

There are two types: one for property and financial affairs, and one for health and welfare. Most people set up both.

When to set one up

• Ideally in your 50s, while capacity is not in question and you are thinking clearly about long-term planning
• Certainly before any diagnosis or health event suggests capacity might be at risk
• For older people with no LPA in place, immediately — do not wait for a crisis
• If you have a family history of dementia or other conditions affecting capacity, act earlier rather than later

There is no age at which an LPA becomes urgent. But there is a threshold beyond which the risk of losing capacity increases, and you should act before you reach it.

The cost is modest

The Office of the Public Guardian charges £92 per LPA when you register it. Professional fees to have an LPA drafted and registered typically range from £300 to £600 per person.

Compare that to the cost of the Court of Protection if capacity is lost without one: £400-800+ in fees alone, plus months of stress and delay.

How to raise the conversation

Many people feel awkward suggesting an LPA to a parent or older family member. But it is not a reflection on their current state: it is insurance for both of you.

Framing it as part of a broader estate planning conversation (alongside a will and lasting power of attorney together) makes it less about capacity and more about being organised.

Do not wait for a crisis

Once capacity is gone, it cannot be recovered for the purpose of making an LPA. A health event that takes capacity away is almost always unexpected. The time to set one up is now, while there is no question about capacity and no pressure.

Simply Estate is an estate planning firm. Our own LPA team can help you set one up quickly and simply, either for yourself or to help a family member act in time. Visit our lasting power of attorney page to book your free review.