Myth busting with LPAs

18th October 2019Manisha Chauhan4

You may have seen our earlier article on the reasons to have a Lasting Power of Attorney (LPA). However, there are common misconceptions on why an LPA may not be necessary which this article explores further.

“I don’t need an LPA because my next of kin can make important decisions on my behalf”

Not true. No-one can act on your behalf or make decisions on your behalf if they have not been legally authorised to do so.

“My Will has appointed executors, so they’ll be able to make decisions on my behalf.”

Not true. A Will is entirely separate to an LPA. Executors appointed in a Will only have the power or authority to distribute your estate as requested and in line with your Will, on death. They have no authority to make decisions on your behalf during your lifetime.

“I don’t need an LPA until I become elderly and of ill health”

Not true. An LPA can be made by anyone over the age or 18 who has full mental capacity. Someone may lose capacity or no longer be able to make decisions due to an accident, being in a coma or other mental illness.

The sooner you put an LPA in place the better, as you know provisions will have been put in place in the event the unthinkable happens. If you wait and, in that time, lose capacity, it will be too late to get an LPA and your loved ones will need to apply for a Deputyship Order from the Court of Protection. This will not only take a long time but also a costly process.

“Once my health and welfare LPA is registered, it means someone else can make decisions for me and I don’t want that while I have capacity”

Not true. A health and welfare LPA only comes into effect when the donor loses capacity even if the LPA has been registered.

“Getting an LPA is expensive”

The cost of registering an LPA is £82 per document. In comparison, if you fail to make an LPA and lose capacity, your family will be left with no other option but to apply for a Deputyship Order, this will cost significantly more.

“Me and my partner have joint bank accounts so we don’t need LPA’s”

Not true. This is always the most alarming to couples when they are told that even if they have a joint bank account, this does not mean the partner will be able to automatically access funds to pay for bills, mortgage or general expenses. If the spouse was to lose capacity, the bank have the ability to remove access and freeze the account until they receive a copy of the registered LPA which is extremely stressful for the spouse.

To put an LPA in place for you or your loved ones, please contact one of our members today.

Manisha Chauhan

Manisha joined the Society’s Technical Advice Team in July 2019 having previously worked as an Employment Solicitor in Warwickshire before relocating to Lincolnshire. Manisha provides advice on technical queries for Society Members and ongoing support on our professional drafting software, Sure Will Writer.


  • Vijay Patel

    28th November 2020 at 11:24 pm

    I am writing to inquire about cost of L P A , and is it possible to include finacial matters ,and property.
    And is it ok if power can be given to son and daughter


    • Manisha Chauhan

      4th December 2020 at 2:28 pm

      You can have 2 types of LPA. One to cover property and financial affairs and the other to cover health and welfare matters. You can appoint your son and daughter to act as your attorneys if you are happy for them to act and you can choose how you would like for them to act too i.e. jointly or jointly and severally.

      With regards to cost, I am afraid we don’t draft the LPA’s ourselves but if you go to our “find a member” page on our website, you can search for members in your area who will be happy to provide you with a quote on having an LPA put in place for you.


  • Chris Jones

    13th November 2022 at 10:10 am


    My parents have enduring power of attorney set up. Do they need an LPA?

    Many thanks


    • Manisha Chauhan

      10th January 2023 at 12:57 pm

      Hi Chris, an EPA allows the attorney to make decisions with regards their property and financial affairs only. As this does not cover health and welfare, we would advise an LPA is put in place to allow attorneys to make decisions on their health and welfare as long as your parents have capacity.


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