The Importance of a Lasting Power of Attorney (LPA)

Four in five UK adults do not have a Lasting Power of Attorney.

In our professional and personal experience, it’s well worth putting a Lasting Power of Attorney (LPA) in place.  It’s often something that people “put off” – but can later find it would have been really helpful to have.

A recent survey revealed that four out of five adults (78%) in the UK have not registered an LPA, including over 70% of those over 55 years old. This low uptake is generally attributed to a lack of awareness of what LPAs are and their benefits.

Retirement, Pensions and Cashflow Planning | A retired couple enjoying a walk in the countryside.

Why does an LPA matter?

If you don’t have an LPA in place, and you lose capacity to make decisions (whether this is physical or mental capacity), your loved ones may face significant difficulties. Being married or civil partners does not confer any right of the partner/spouse to access or make decisions about any assets held in sole names, for example a cash or investment ISA, a bank account in sole name or a second property.  Nor can they decide where you should live (if, for example, you need long term care). They will need to apply to the court to be appointed as your deputy, a process that can be lengthy, costly, and stressful. Or in the case of long-term care, social services will be responsible for making a decision. Meanwhile, decisions about your health, welfare, and finances could be delayed.

Additionally, the court-appointed deputy might not be the person you would have chosen. They may not be fully aware of your preferences and wishes. This can lead to decisions that may not align with your best interests.

 

Types of LPA

There are two types of LPAs in England and Wales – Property and Financial Affairs, and Health and Welfare. You do not have the same people as your attorneys for each one. Scotland and Northern Ireland have slightly different Power of Attorney documents, so do check these if you reside there.

An LPA is more flexible than the previous Enduring Power of Attorney (EPA), as they allow for people to move in and out of capacity (to make a decision).

 

How do I register an LPA?

You can apply for and register an LPA yourself, online on gov.uk.  The fee is currently £82 per LPA (increasing to £92 on the 17th of November this year).

Alternatively, you may prefer to speak to a solicitor to guide you through the process. We are happy to make a recommendation.

For clients of Investing Ethically, we can hold a copy of your LPA on file and, if required, can deal with your attorney on your behalf. With regards to your investments and pensions, we find it can be helpful to have a joint meeting with your adviser and your attorneys. This often helps remove any anxiety, especially for the attorneys.

We advise all clients to have a Lasting Power of Attorney (and a Will) in place.

If you would like any more information on Powers of Attorney or are looking for help with any other aspects of your financial planning, please get in touch.

 

Some useful links

Here are some useful links to more information about LPAs:

Lisa Hardman | Director and Chartered Financial Planner.

Lisa Hardman
24 October 2025

This article is for information purposes only. None of the content should be considered a personal recommendation to invest in any of the companies or funds listed. You should seek personal financial advice before considering investments.

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