Do I need a lasting power of attorney?
It's worth having for any adult, not just older people — illness or an accident can remove capacity at any age. Without an LPA, no one (not even your spouse) automatically has the right to manage your affairs; your family may need a slow, costly court deputyship instead. An LPA put in place now means the people you trust can act quickly if the worst happens.
Detailed explanation
It's about who decides for you if you can't — and whether that's your choice or a court's.
- Capacity can be lost suddenly (accident, stroke) or gradually (dementia).
- Your spouse or children have no automatic authority over your money without an LPA.
- The alternative — a deputyship via the Court of Protection — is slower and more expensive.
- An LPA must be set up while you still have capacity, so it can't be left too late.
A couple in their forties set up LPAs alongside their wills. When one is seriously injured in a crash, the other can immediately manage their finances using the LPA — something marriage alone would not have allowed.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Make, register or end a lasting power of attorney
- Mental Capacity Act 2005 — legislation.gov.uk
- Office of the Public Guardian — LPA guidance
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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