Why you should make registering a Lasting Power of Attorney a priority

Data released by Scotland’s largesthealth board has highlighted the potential challenges families could face if aloved one doesn’t have a Power of Attorney in place.

According to a BBC report, in NHS Greater Glasgow and Clyde, a third of patients who are delayed getting out of hospital are stuck because they don’t have a Power of Attorney, the Scottish equivalent of the Lasting Power of Attorney (LPA) available to residents of England and Wales. This means there isn’t someone to make decisions on behalf of a patient if they no longer have the mental capacity to do so, which might mean they can’t be discharged.

An LPA is a legal way to give someone you trust the power to make decisions if you’re unable to make them yourself.

Without an LPA in place, loved ones will usually need to apply to the Court of Protection to be appointed your “deputy”. The process of becoming a deputy can be lengthy and may be costly.

In addition, the court may appointsomeone as your deputy that you would not choose yourself or haven’t spoken toabout your wishes.

Despite this, a March 2025 survey from the Phoenix Group found only 8% of people have an LPA/Power of Attorney in place, and just 13% said they knew a lot about the legal arrangement.

If you haven’t named an attorney by registering an LPA, essential decisions could be delayed.

You can name more than one person as an attorney and state whether they can make decisions separately or if they must make them together. It’s important to consider who you choose as an attorney – someone who understands your wishes and you can trust to act on your behalf.

There are two types of LPA, and bothmay be useful.

Health and welfare LPA

As the BBC report highlights, thereare times when people cannot make health and welfare decisions themselves. Itcould mean you’re left in a vulnerable or uncomfortable position as your lovedones are unable to act if you don’t have an LPA in place.

In addition to managing care followinga hospital stay, a health and welfare LPA might cover decisions like:

·      Yourdaily routine

·      Movinginto a care home

·      Medicalcare, including life-sustaining treatment.

Naming a health and welfare LPA allowsyour family or other loved ones to make decisions that could support yourwellbeing and quality of life.

Property and financial affairs LPA

If you cannot make decisions yourself,your financial affairs could quickly fall into disarray.

Think about all the financial decisionsyou make regularly. You might need to withdraw an income from your pension,move money into a separate account to pay for utility bills, or go groceryshopping.

A person named as your property andfinancial affairs attorney might make decisions about:

·      Payingyour bills

·      Sellingyour home

·      Collectingyour pension

·      Managingyour bank account or other assets.

So, naming an attorney could keep yourfinances on track and ensure you remain financially stable, whether you liveindependently or move so you have greater support in your day-to-day life.

You can complete an online form to registeran LPA

You can fill in the forms necessary toname an attorney online or a solicitor could help you. Youmust register your LPA with the Office of the Public Guardian for it to bevalid, or your attorney will not be able to make decisions for you.

It usually costs £82 to register each LPAunless you benefit from a reduction or exemption.

You should note that it can take 10weeks to make an LPA if there are no mistakes. So, if it’s a task you’ve beenputting off, making it a priority could be worthwhile and offer you peace ofmind.

Contact us to talk about your estateplan

It may be useful to consider naming anattorney as part of a wider estate plan, which might consider areas likefunding care costs, passing on wealth during your lifetime, and writing a will.

If you’d like to review your estateplan, please get in touch. As well as talking about your options and how tomanage your finances later in life, we could also help you speak to your lovedones so they understand your wishes should they need to make decisions on yourbehalf in the future.  

Please note: This blog is for generalinformation only and does not constitute financial advice, which should bebased on your individual circumstances. The information is aimed at retailclients only.

The Financial Conduct Authority doesnot regulate Lasting Powers of Attorney or will writing.

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