When to have LPAs?

People sometimes tell me they won’t have LPAs prepared… until they need them!

I have to break it to people I care about that the time to put LPAs in place is when you don’t need them. A little bit like a Will, which by the time you really need it, it’s too late.

Lasting Powers of Attorney (LPAs) are a great idea to put in place while you don’t need them, in a managed way. Taking time to think through who you’d want to make decisions for you if you are not able to make decisions, about Property & Finances and also about Health & Welfare, is important.

When a traditional family has adult children, the norm tends to be spouse and adult children. For single people, there’s often more to think through.

By the end of a Wills meeting, I tend to know enough about the characters who have been discussed, to accurately predict who the attorneys in LPAs are going to be. I also encourage women to consciously consider if they want a lady involved, particularly in the Health & Welfare LPA.

There are some “Instructions” to include in each LPA which are considered very useful indeed, and we chat through what your perspective is on those specifics.

Some older people who meet with me to discuss Wills, tell me that they will leave LPAs for now, as they “think they’d feel it coming on” and I smile.

My Dad remains the head of my family, and the idea of only dealing with such valuable documents if you feel your mental well being deteriorating, is frankly nonsense. If you’re the head of a family, unwilling to deal with these legal documents until there’s a real need, the likelihood is that you will put off getting them in place, particularly if you feel the need to remain head of the family and in control. Many families experience a period where pride takes over, where a parent or both parents, try to cover up their shortcomings, some more successfully than others. Some adult children are keen to support their parents in their cover up. Partly because we all feel comfortable in the roles which we’ve been in for decades.

I’ll tell you something I have observed over many years as a lawyer specialising in Wills, LPAs and Probate services.

When my clients tell their parents that they’re doing Wills, the parents say well done, you’re a responsible grown up. Some even make a comment that it’s about time, as you have children and that’s part of being a responsible parent.

When those same clients go on to tell parents that they’re also going ahead with Lasting Powers of Attorney (LPAs), one for Property & Finances, another for Health & Welfare, a lot of parents are surprised.

This can lead to a conversation in which the parents come to understand that LPAs really are one of those things to put in place while you don’t need them.

It can change everything.

If you’d like to have a chat with me about LPAs, do get in touch at jane@jcwillsandprobate.co.uk or give the team a ring on 01727 840 240 and let’s have a chat.