{"id":5575,"date":"2026-10-27T09:53:16","date_gmt":"2026-10-27T09:53:16","guid":{"rendered":"https:\/\/www.newsfin.co.uk\/news\/?p=5575"},"modified":"2026-10-27T09:53:16","modified_gmt":"2026-10-27T09:53:16","slug":"who-would-make-decisions-on-your-behalf-if-you-couldnt","status":"publish","type":"post","link":"https:\/\/www.ashleighcourt.com\/news\/2026\/10\/27\/who-would-make-decisions-on-your-behalf-if-you-couldnt\/","title":{"rendered":"Who would make decisions \u2028on your behalf if you couldn\u2019t?"},"content":{"rendered":"

Protect your wishes, preserve your independence and give your loved ones greater peace of mind<\/strong>
\nIn the event that you were unable to manage your finances, pay your bills or make important decisions about your care following a sudden illness or accident, who would step in to protect your financial interests, ensure your commitments were met and your wishes respected? It is not an easy scenario to contemplate, particularly when you feel fit and well, but unexpected circumstances can affect anyone at any stage of life.<\/p>\n

Putting the right arrangements in place now can make a significant difference if you ever need support. A Lasting Power of Attorney (LPA) allows you to appoint people you trust to make certain decisions on your behalf, helping you retain control over who manages your affairs if you lose capacity. It can also spare your loved ones the uncertainty and additional stress of establishing legal authority during an already difficult time.<\/p>\n

Take control of your future<\/strong>
\nAn LPA is a legal document that allows you to appoint one or more trusted people, known as attorneys, to make decisions on your behalf in specified circumstances. You must have mental capacity to set up an LPA, so it is worth considering as part of your wider financial planning rather than waiting for a health concern to arise.<\/p>\n

In England and Wales, there are two types of LPA, each covering different aspects of your life.<\/p>\n

Property and financial affairs LPA:<\/strong> This covers decisions about your money and property, including paying bills, managing bank accounts, collecting pension income and handling property transactions.
\n\u2028Health and welfare LPA:<\/strong> This covers decisions about your personal care, medical treatment and living arrangements, including where you live and, where applicable, decisions about life-sustaining treatment.<\/p>\n

You can choose to establish one or both, depending on your circumstances and wishes. Having the appropriate arrangements in place can help ensure that the people you appoint have the authority to act when necessary.<\/p>\n

Choose the people you trust<\/strong>
\nDeciding who should act as your attorney is one of the most important parts of the process. You need people who understand your values, can make considered decisions and will act in your best interests while respecting your wishes.<\/p>\n

You can appoint more than one attorney and specify whether they must make decisions jointly or may act independently on certain matters. You may also wish to appoint replacement attorneys in case your original choices are unable or unwilling to act in future.<\/p>\n

An LPA does not automatically mean giving up control of your affairs. Provided you retain mental capacity, you can continue to make your own decisions.<\/p>\n

A registered property and financial affairs LPA can be used with your permission while you still have capacity, depending on the arrangements you have made. A health and welfare LPA, however, can be used only when you lack the capacity to make the specific decision yourself.<\/p>\n

Carefully considering your choices and explaining your wishes to those you appoint can help them understand your priorities if they need to act on your behalf.<\/p>\n

Understand the risks of leaving it too late<\/strong>
\nWithout an LPA, relatives or friends do not automatically have the legal authority to manage your finances or make decisions about your welfare if you lose mental capacity. Even a spouse or adult child may need to apply to the Court of Protection for authority.<\/p>\n

In England and Wales, this may involve applying to become a deputy, which can be time-consuming and costly, and create additional administrative burdens. In the meantime, managing financial commitments or making necessary decisions can become more difficult for those trying to help.<\/p>\n

Putting an LPA in place while you have capacity lets you choose who will act for you, rather than leaving that decision to a formal process if your circumstances change. It can also be an important part of a wider financial plan, alongside your Will, pension arrangements and retirement planning.<\/p>\n

Make the right arrangements today<\/strong>
\nTaking action now does not mean expecting the worst. It means giving yourself the chance to plan ahead, protect your choices and make life easier for the people who matter most.
\nPlanning ahead will help protect your financial interests, ensure your wishes are taken into account and give your loved ones greater peace of mind if circumstances change unexpectedly.<\/p>\n

This article does not constitute tax, legal or financial advice and should not be relied upon as such. Estate, tax planning and will writing are not regulated by the Financial Conduct Authority. For guidance, seek professional advice.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Protect your wishes, preserve your independence and give your loved ones greater peace of mind In the event that you were unable to manage your finances, pay your bills or make important decisions about your care following a sudden illness or accident, who would step in to protect your financial interests, ensure your commitments were… Read more »<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"_links":{"self":[{"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/posts\/5575"}],"collection":[{"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/comments?post=5575"}],"version-history":[{"count":0,"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/posts\/5575\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/media?parent=5575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/categories?post=5575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ashleighcourt.com\/news\/wp-json\/wp\/v2\/tags?post=5575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}