Protecting the people who care for you: Why your LPA matters
Many family members today support a loved one who is older, unwell, or vulnerable, whether that is a parent living with dementia, a partner with mobility issues, or an adult child who needs help with day to day life. Most people assume that if something happens, a trusted family member can simply “step in” and make decisions, but that isn’t the case. Without legal authority, even the closest relative cannot access bank accounts, pay bills, manage care fees, or make important decisions about medical treatment or welfare.
This is why Lasting Powers of Attorney (LPAs) are essential for every family. An LPA lets you choose who you want to make decisions with you or for you, whether that’s due to illness, an accident, or a gradual loss of capacity. With more people living longer and with complex conditions, the need for proper planning has never been greater.
Many individuals do not realise the importance of putting LPAs in place until it is too late, at which point it may be necessary for an application to be made to the Court of Protection for authority to deal with those financial and property affairs or their health and welfare. This can take months and cost significantly more than preparing an LPA in advance. Meanwhile, essential decisions may be delayed, and finances can become difficult to manage at the very moment stability is most needed.
One of the most common issues families may face relates to family care payments. Increasing numbers of people rely on a relative for day to day care, often because it allows them to stay at home and maintain their independence. Sometimes a family member gives up work or reduces their hours to provide support. Understandably, many assume that vulnerable person can simply pay their relative for the care they provide, but the law is far more restrictive than people realise.
An attorney cannot automatically pay themselves, even for genuine and much needed care, even if all family or co-attorneys agree that the family carer can be paid. These payments can only be made if they are clearly authorised within an LPA or failing that if the Court of Protection approves them, which can come as a shock to families who believe they are acting reasonably. Without the right wording, attorneys may find themselves needing to make an avoidable application to the Court of Protection, causing delay, cost, and stress.
A well drafted LPA can prevent this entirely. Including clear instructions about paying a family carer, or continuing financial support for a dependant relative, gives attorneys the confidence and authority to act in the way the donor of the LPA would have wanted. It also protects family members from accusations of conflict of interest or financial misuse, which can arise even where everyone is acting with the best of intentions.
LPAs also allow you to express your wishes about wider areas of life, such as where you want to live, the type of care you prefer, how your property should be managed, and who should be involved in decisions. This guidance helps avoid family disagreements and ensures your values are respected.
An LPA is more than a form — it is a vital safeguard for you and your family. Preparing one now is a practical act of care, offering reassurance, protection, and clarity for whatever the future might bring.
We strongly recommend getting advice from an Accredited Lifetime Lawyer on preparing your LPA to ensure it is set up correctly for your individual circumstances.