Commonly it is believed that your next of kin, husband or wife, or even children could step in to make those decision without the need for a Lasting Power of Attorney. Unfortunately, most find this not to be the case when the option to obtain an LPA is no longer available leaving the only choice an expensive and lengthy process with the Court of Protection. 

A Lasting Power of Attorney (LPA) in England and Wales is a legal document that allows a person (the donor) to appoint one or more individuals (the attorneys) to make decisions on their behalf, should they lose the mental capacity to do so themselves. There are two types of LPAs: one for health and welfare decisions, and another for property and financial affairs. The donor can specify the extent of the powers granted to the attorneys, ensuring their wishes are respected even in difficult circumstances.

LPAs are particularly important, as they provide an additional layer of protection for an individual's choices regarding their financial and personal affairs. When someone passes away, their Will dictates how their assets are distributed. However, if they become mentally incapacitated before their death, an LPA ensures that trusted individuals can manage their affairs without the need for court intervention. This not only helps prevent delays in managing important matters but also ensures that the donor's preferences are upheld, providing peace of mind for both the donor and their loved ones.