Lasting Power of Attorney & Wills

Making a will and putting a lasting power of attorney in place are the two most important legal steps any adult can take. Together they ensure that your wishes are carried out after your death, and that someone you trust completely has the legal authority to act for you if you lose the ability to manage your own affairs during your lifetime. Without both documents in place, your family may face unnecessary cost, delay and distress at what will already be an extremely difficult time.

---

What Is a Will and Why Do You Need One?

A will is a legal document that sets out exactly how you want your estate — your property, money, investments and possessions — to be distributed after your death. It also allows you to appoint executors who will be responsible for administering your estate, name guardians for any minor children, and make specific gifts to individuals or charities that matter to you.

Without a valid will in place, your estate is distributed according to the rules of intestacy — a rigid legal framework that may bear no resemblance to your actual wishes. Under the intestacy rules, unmarried partners receive nothing regardless of the length of the relationship. Stepchildren are excluded. Close friends are excluded. Even family members you would not have chosen to benefit may inherit a significant share of your estate.

A will removes all of this uncertainty. It puts you in control of what happens to everything you have worked to build.

Who needs a will?

Everyone over the age of 18 should have a will in place — not just those with significant assets. You particularly need a will if you:

• Are unmarried but living with a partner
• Have children from a previous relationship
• Own property, whether alone or jointly
• Have assets you wish to leave to specific people or causes
• Want to minimise the inheritance tax payable on your estate
• Have a business or professional practice

A will must be made while you have the mental capacity to do so. Once capacity is lost, it is too late — and the Court of Protection process for a statutory will is lengthy, expensive and uncertain.

---

What Is a Lasting Power of Attorney?

A lasting power of attorney — commonly known as an LPA — is a legal document that gives one or more people, known as attorneys, the authority to make decisions on your behalf if you lose mental capacity. There are two distinct types, and many people choose to put both in place at the same time:

Property and Financial Affairs LPA This authorises your attorneys to manage your financial affairs — including bank accounts, bills, income, investments and property — either while you still have capacity (with your permission) or only after capacity is lost, depending on how it is set up.

Health and Welfare LPA This authorises your attorneys to make decisions about your personal care and medical treatment — including where you live, your day-to-day care, the treatment you receive, and decisions about life-sustaining treatment. It can only be used once you have lost mental capacity.

---

Why Are Both Documents So Important?

Many people believe that their spouse or next of kin automatically has authority to manage their affairs if something goes wrong. This is a common and potentially costly misconception.

Without a will, the intestacy rules decide who inherits — not you. Without a lasting power of attorney, no one has legal authority to manage your affairs if you lose capacity — not even a spouse of many decades. They would need to apply to the Court of Protection for a Deputyship Order, a process that typically takes six months to a year, costs thousands of pounds, and subjects the appointed deputy to ongoing annual supervision by the court.

A properly prepared will and a registered lasting power of attorney, put in place while you still have capacity, avoid all of this entirely.

---

Who Should Put These Documents in Place?

Wills and lasting powers of attorney are not just for the elderly or the wealthy. We recommend that every adult considers both, and particularly:

• Couples — married, civil partnered or cohabiting — who want to protect each other
• Parents who want to appoint guardians for their children and control how assets pass
• Anyone approaching or in retirement, when the risk of cognitive decline increases
• Anyone with a family history of dementia or other cognitive conditions
• Business owners who need continuity of management if they lose capacity
• Anyone with property, investments or significant assets

Both documents must be made while you still have the mental capacity to do so. Once capacity is lost, the options are far more limited and considerably more expensive.

---

How to Make a Will

Making a will with Curtis Legal involves a straightforward process:

Consider your estate and your wishes Think about who you want to benefit, in what shares, and whether you want to make any specific gifts — of property, jewellery, money or other items — to particular people or organisations.

Appoint your executors Your executors are the people responsible for administering your estate after your death — collecting assets, paying debts, dealing with HMRC and distributing what remains to your beneficiaries. You can appoint up to four executors, though one or two is usually sufficient.

Consider guardianship If you have children under 18, your will should appoint guardians who will be responsible for their care if both parents die. Without this, the court decides.

Consider inheritance tax Careful will drafting can make use of available exemptions and reliefs — including the nil rate band, the residence nil rate band and spousal exemptions — to reduce the inheritance tax payable on your estate.

Sign correctly A will must be signed by you in the presence of two independent witnesses, who must also sign. Failure to execute the will correctly renders it invalid.

---

Considerations when making a Lasting Power of Attorney

Choose your attorneys carefully Appoint people you trust completely — typically a spouse, adult child, close family member or trusted friend. You can also appoint replacement attorneys in case your first choice is unable to act.

Decide how your attorneys should act If you appoint more than one attorney, specify whether they must act jointly or jointly and severally. Each approach has advantages depending on your circumstances.

Consider restrictions and guidance You can include specific instructions your attorneys must follow, or guidance about your values and preferences to help them make decisions in your best interests.

Sign and witness correctly The lasting power of attorney must be signed by you, witnessed, signed by your attorneys, and certified by a certificate provider who confirms you understand the document and are acting freely.Register with the Office of the Public Guardian The lasting power of attorney must be registered before it can be used. Registration currently takes around 20 weeks and there is a fee payable to register the document with the Office of the Public Guardian.

---

What Happens Without These Documents?

Without a will: The intestacy rules apply. Your estate passes according to a fixed legal formula — not your wishes. Unmarried partners, stepchildren and close friends may receive nothing. Family members you would not have chosen may inherit significant sums. Disputes become far more likely.

Without a lasting power of attorney: If you lose mental capacity, your family must apply to the Court of Protection for a Deputyship Order. This takes six months to a year or more, costs thousands of pounds in court and legal fees, and subjects the deputy to ongoing annual supervision and reporting to the court. In urgent situations, interim orders can be sought but these are expensive and limited in scope. Neither situation is as straightforward, as inexpensive or as certain as having both documents properly prepared and in place from the outset.

---

How to Set Up a Lasting Power of Attorney

Setting up a lasting power of attorney involves several important steps:

---

What Happens Without a Lasting Power of Attorney?

If you lose mental capacity without having a lasting power of attorney in place, your family’s options are extremely limited:

• Court of Protection Deputyship — a family member or friend applies to the Court of Protection to be appointed as a deputy. This process typically takes six months to a year, involves significant court fees and legal costs, and subjects the deputy to ongoing annual supervision and reporting requirements.
• Statutory Will application — if a will also needs to be made, a separate application to the Court of Protection is required, adding further cost and delay.
• Third party intervention — in urgent situations, the Court of Protection can make one-off orders, but this is expensive and time-consuming.

None of these options is as straightforward, as inexpensive or as certain as having a properly registered lasting power of attorney in place from the outset.

---

What Our Clients Say

“The service I received was excellent. The person who dealt with the case was very helpful and I would have no hesitation in recommending your services.”

“Excellent service throughout. The person who dealt with my matter was excellent and very helpful. I was very happy with the time it took and the outcome. There was no fuss and no trouble and not much work to be done by me as Curtis Legal did all the work on my behalf.”

“The service that I received was excellent with good solid advice. The person dealing with the matter was great support and very helpful. I would definitely use your service again but I hope I don’t have to.”

---

Frequently Asked Questions About Lasting Power of Attorney

Speak to Simon Jenkins and the Team Today

If you would like to put a lasting power of attorney in place — or if you need advice on an existing lasting power of attorney — call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.

Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.