Guest Blog by Victoria Upton, Senior Associate at FBC Manby Bowdler
Despite being one of the most important personal, legal documents, the vast majority of UK adults still don’t have a Lasting Power of Attorney (LPA).
And even though 1,367,053 registrations were made in the year 2024-25 – a 97% increase in the four years since 2020-21 – more than 85 per cent of UK adults are still without one*.
In fact, many people don’t actually know what one is!
Victoria Upton, a Senior Associate in FBC Manby Bowdler’s Knowle office, said: “An LPA is one of the most important documents you can have when caring for a loved one. “Because without an LPA, no one – not even a spouse or a child – will automatically have the legal authority to manage your bank accounts, pay bills, or make medical decisions. If you lose capacity and don’t have an LPA, your loved ones will be in the hands of the Court of Protection to manage your affairs, which is a slow and expensive process.”
An LPA is a legal document that allows you to appoint one person or a number of people, called attorneys, to act on your behalf and make decisions for you if you become mentally incapable of making decisions for yourself.
Separate powers of attorney are available for your Property & Financial affairs and Health & Welfare decisions. You can have one or the other or both. You can also create a power of attorney to cover business decisions.
The Property & Financial LPA is particularly useful, as there is an option for your attorneys to be able to assist you, with your permission, while you still have mental capacity but perhaps may be physically unable to deal with these matters. For example, if you are in hospital for an extended period or have suffered an injury or illness that prevents you from physically being able to leave the house.
Victoria added: “Crucially however, your LPA must be created while you have mental capacity in order to ensure that you understand the document.” This is reflected in a growing trend of younger people making LPAs, driven by the recognition that incapacity can come about due to sudden illness or an accident, and not just old age.
Victoria said that although LPAs have traditionally been associated with the elderly, more adults in their 20s, 30s and 40s are now looking to safeguard their finances and health by making them today rather than waiting for a crisis to hit. “With an estimated 40 per cent of UK adults having a valid Will, we are seeing an increase in younger couples registering an LPA, often triggered by life events such as starting a family, buying a home or starting a business. The realisation that things can go wrong at any time is certainly driving a higher uptake among the younger generation”.
For more information on how to make an LPA, contact Victoria on 01527 588 968 or email Victoria.upton@fbcmb.co.uk
*https://uklpa.co.uk/lpa-statistics