If you caught Martin Lewis’s programme last week, you’ll know he didn’t mince his words. His message was clear, compelling, and – for many viewers – genuinely alarming: if you don’t have a Lasting Power of Attorney (LPA) in place, you are taking a significant and unnecessary risk with your finances, your welfare and your family’s peace of mind.
As solicitors, we see the consequences of delaying LPAs every single day. And the truth is exactly as Martin Lewis put it: the alternative to an LPA is often a Court of Protection application – and that process can be slow, stressful, expensive, and emotionally draining.
This article looks at why LPAs matter, what can go wrong without one, and why acting early is the simplest way to protect yourself and your family.
What is an LPA and why do you need one?
A Lasting Power of Attorney is a legal document that allows you to appoint trusted people to make decisions for you if you lose mental capacity. There are two types:
- Health & Welfare LPA – covers decisions about care, medical treatment, and where you live.
- Property & Financial Affairs LPA – covers decisions about bank accounts, bills, investments, property, and everyday finances.
When made correctly, these documents give your chosen attorneys the authority to act quickly, appropriately, and in your best interests.
Without an LPA, no one – not even a spouse or child – can automatically manage your affairs. Banks will not allow access. Care decisions may be delayed. Financial obligations may go unpaid. And your family can be left feeling powerless during an already difficult time.
Martin Lewis’s Warning: The “horror stories” are real
In the programme, Martin Lewis highlighted cases where families were forced down the Court of Protection (COP) route because no LPA had been put in place. These stories are sadly all too familiar in legal practice:
- Huge delays
Court of Protection deputyship applications regularly take 6–12 months (sometimes longer). During this period, families can be stuck – unable to sell property, release funds for care, or manage vital financial needs. - Significant ongoing costs
Unlike LPAs, which involve a one‑off registration fee, deputyship brings initial application fees, annual supervision fees, ongoing reporting obligations, and compulsory insurance (the “security bond”). - Loss of choice
Without an LPA, anyone can apply to become your Deputy and ultimately the Court decides who that person will be. It might be a family member – but it might not. In some cases, the Court appoints a professional deputy, even if that is not what you would have wanted. - Emotional stress for families
Having to justify decisions to a Court, complete lengthy formal paperwork, and manage finances under official supervision can place immense strain on families already coping with a loved one’s illness or reduced capacity.
Why people delay – and why they shouldn’t
Many people put off making an LPA because they feel “I’m fit and well,” assume “my spouse will sort things out,” believe “I’ll do it one day,” or think “it’s only for older people.”
But incapacity can arise unexpectedly – through illness, accident, stroke, dementia, or mental health conditions. LPAs are not just for the elderly; they are a fundamental part of lifetime planning for adults of all ages.
Martin Lewis put it perfectly: you insure your house, car, and holidays – an LPA is effectively insurance for your life decisions.
Preparing an LPA professionally matters
Although it is possible to download the forms online, many people unintentionally complete them incorrectly, misunderstand the restrictions they’ve added, choose inappropriate attorneys, miss crucial safeguarding provisions, or make errors that delay registration.
A professionally drafted LPA ensures it is:
- legally valid
- tailored to your circumstances
- properly witnessed
- registered smoothly
- ready when you need it most
Having a solicitor involved also gives your attorneys clear guidance and reassurance for the future.
Don’t leave it too late
Martin Lewis’s programme has highlighted what every solicitor already knows: LPAs are essential planning documents and delaying them can have serious consequences. Setting them up now ensures you stay in control, choose whom you trust, avoid Court of Protection intervention, protect your family from stress and uncertainty, and – most importantly – enable the people you love to support you when you need them most.
Our team provide clear, friendly advice and professionally drafted LPAs tailored to your circumstances. Whether you’re planning ahead for yourself or supporting a family member, our team can guide you through each stage with confidence.
