Last year saw a surge in applications for Lasting Powers of Attorney (LPAs) across the UK. Mike Cattermole, senior associate solicitor in the wills, trusts and probate team at Jacksons Law Firm, explains the importance of such legal documents, enabling individuals to appoint trusted representatives to make decisions on their behalf.
A Surge in LPA Applications
Official figures reveal that 2023 marked a milestone for LPA registrations, with over one million applications recorded for the first time. Data from the UK Family Court indicates a 37% rise in registrations compared to the previous year. The Office of the Public Guardian reported 1.37 million applications, a substantial leap from one million in 2022.
This increase can be attributed to factors such as an ageing population and improved accessibility through a streamlined online process.
However, the process of establishing an LPA remains time-intensive, often taking up to 20 weeks or more due to backlogs. Applying early is critical to avoiding delays that create difficulties for families needing funds for care fees and other essential expense
Why the Increase?
Several factors contribute to the rise in LPA applications:
Growing awareness – Public understanding of the benefits of LPAs has increased significantly. Efforts by figures like Martin Lewis, the Money Saving Expert, have highlighted their importance. People now recognise how LPAs ensure their wishes are respected if they lose capacity, giving control over decisions. Family members do not automatically have the right to make medical decisions without an LPA.
Ageing population – As people live longer, they are more likely to face age-related health issues or cognitive decline. LPAs are essential for managing affairs during these stages.
Streamlined processes – The shift to online applications has made applying for LPAs easier and more convenient, encouraging more people to take this step.
The Importance of Planning Ahead
LPAs provide peace of mind by empowering individuals to appoint trusted representatives to manage their finances, property, health, and welfare. There are two main types of LPAs:
1. Health and welfare LPA – Allows your attorney to make decisions about daily care, medical treatment, and living arrangements.
2. Property and financial affairs LPA – Grants your attorney the authority to handle your finances, including paying bills, accessing bank accounts, and selling property.
Planning ahead ensures your interests are protected and spares your family the stress of navigating legal processes during challenging times.
Difficulties Faced Without an LPA
Failing to establish an LPA can lead to significant challenges for families when unforeseen circumstances arise, including:
Lengthy legal processes – Without an LPA, families may need to apply to the Court of Protection to be appointed as a deputy. This process is time-consuming, costly, and emotionally draining.
Financial complications – Accessing bank accounts and managing finances becomes problematic without an LPA, potentially leading to financial hardship when funds are urgently needed.
Final Thoughts
The rising number of LPA applications reflects growing recognition of the need to prepare for the unexpected. An LPA is more than just a legal document; it safeguards your wishes and reassures your loved ones.
Whether considering an LPA for yourself or encouraging a loved one to plan ahead, taking action sooner rather than later is crucial. By establishing an LPA, you can protect your interests, ease your family’s burden, and navigate life’s challenges with confidence.
For more information, contact Mike on 0191 4068733 or email mcattermole@jacksons-law.com