How to protect your family when health becomes a hurdle

Winter is often the time we notice changes in our older relatives or those living with illness. Seeing a family member struggle with their independence is difficult, but the legal complications of failing to plan ahead can make a stressful situation much worse.

As a family member, the best way you can support a loved one is by helping them put a Lasting Power of Attorney (LPA) in place while they are still able to do so.

What is an LPA?

An LPA is a legal document that allows a person (the ‘donor’) to choose trusted individuals (the ‘attorneys’) to make decisions on their behalf if they ever lack the mental capacity to do so. 

There are two kinds of LPA:

• Health and Welfare: This covers in-home care, medical care, moving into a care home, and even life-sustaining treatment. It can only be used once a relative is unable to make their own decisions.

• Property and Financial Affairs: This allows the ‘attorneys’ to manage bank accounts, pay bills, collect a pension, and even sell a home. This can be used as soon as it is registered, with permission, or can be fixed to only be used once a relative is unable to make their own decisions.

Far from giving up control, an LPA is actually a way for your loved one to ensure their future is managed by someone who truly knows them and understands their wishes.

Why you shouldn't wait for a crisis

Without an LPA, if your family member loses the ability to make their own decisions, you do not have an automatic right to step in. This can lead to:

• Frozen Finances: You may be unable to access their pension or bank accounts to pay for their care or household bills.

• Healthcare Hurdles: Doctors may make vital decisions about their treatment without your legal input.

• Court Intervention: You might have to apply to the Court of Protection to become a "Deputy," a process that is significantly more expensive and can take a long time.

Spotting the signs

If you are visiting a relative this winter, look out for practical signs that they might need more support:

• Decision Fatigue: Do they seem overwhelmed by simple choices, like what to eat or wear?

• Financial Confusion: Are bills piling up, or are they struggling to understand the value of coins and notes?

• Memory Gaps: Are they forgetting key information they’ve just been told, making it hard for them to "weigh up" options?

Noticing changes in loved ones can be upsetting, but acknowledging them now and putting plans in place is one of the best ways to support your family member in the future.

What to do next

Starting the conversation is the hardest part, but completing the legal process doesn't have to be. 

Our team specialises in helping families navigate these sensitive discussions with clarity and care. We will handle the complex drafting, ensure all legal safeguards are met, and act as your professional certificate providers to guarantee the documents are robust and binding. 

Throughout February we are also offering 10% off all LPAs and Wills. Contact us today for a confidential consultation.

Frequently Asked Questions

My parent is starting to forget things. Is it too late to make an LPA?

Not necessarily. To make an LPA, a person must have "testamentary capacity," which means they understand what the document is and what powers they are giving away. 

Many people in the early stages of dementia or memory loss can still legally put an LPA in place. However, it is vital to act quickly before their condition progresses.

I'm their daughter and 'next of kin’. Can’t I just speak to the bank for them?

Unfortunately, no. In the UK, "Next of Kin" has no legal standing when it comes to finances. Banks are legally required to freeze accounts (including joint accounts in some cases) if they believe an account holder has lost capacity. 

Without an LPA, you would have no choice but to apply to the Court of Protection, which is a much longer and more expensive process.

What if my siblings and I don't agree on my parent's care?

An LPA allows your parent or relative to decide who should make those calls. They can appoint multiple children to act:

• Jointly: meaning you must agree on everything. 

• Jointly and severally: meaning you can act independently for speed, but should still consult each other.

Having this clearly documented prevents family disputes during high-stress moments.

Will my relative lose their independence if they sign this?

This can be a big fear for anyone putting in place an LPA. A Property and Financial Affairs LPA can be restricted so it only triggers  if they lose capacity. 

A Health and Welfare LPA only ever works if they can no longer make those decisions themselves. Until then, they remain fully in control of their own lives.