When is it too late to get a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is one of the most important legal safeguards you can put in place for your future. You can appoint trusted individuals (called your attorneys) to make decisions on your behalf if you ever lose the mental capacity to do so yourself.

In the UK, there are two main types of LPA: Property and Financial Affairs LPA, which covers money, bills, property, and investments; and Health and Welfare LPA, which deals with medical care, daily living, and life-sustaining treatment.

So, when is it too late to get an LPA?

Once you lack mental capacity. This is the legal ability to understand the nature and effect of the LPA, the powers you are granting, and the people you are appointing. Capacity is assessed at the time of making the document. If you have already lost capacity due to dementia, a stroke, brain injury, or other illness, you cannot create or register an LPA.

This is why it is never too early. Accidents and sudden health events can happen at any age, from a young adult in a car crash to someone developing early-onset dementia. Waiting for a diagnosis or “warning signs” risks closing the door permanently. And without an LPA, your loved ones must apply to the Court of Protection for a deputyship order, which is slower, more expensive, and less flexible.

How long does it take?

The process itself is straightforward but requires care. You complete the forms (often with professional help to avoid errors), have them signed and witnessed correctly, and submit them to the Office of the Public Guardian (OPG) for registration.

Current OPG processing times are typically 8 to 10 weeks for error-free applications, though they can stretch to 12–20 weeks depending on volume. Solicitors can prepare everything in days or a couple of weeks. The LPA cannot be used until registered, so it is wise to set it up well in advance of needing it.

We’re here for you

At H&B, our experienced private client team can help you create a tailored LPA efficiently and accurately. We guide you through every step, ensuring your documents are robust and your wishes are clearly recorded.

Don’t leave it until it’s too late. Contact us today for a consultation and take this vital step towards protecting your future and your loved ones.