Lara Barton answers common questions on lasting powers of attorney in The Independent
Lara’s comments were published in The Independent, 12 September 2025, and can be seen here.
Lara Barton, Partner in our Private Client department, explains the importance of setting up a lasting power of attorney (LPA) and why it should be considered sooner rather than later.
An LPA allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity due to illness, accident, or medical treatment.
There are two types: a health and welfare LPA for decisions about care and living arrangements, and a property and financial affairs LPA for managing money and assets. Lara stresses the need to choose attorneys carefully, particularly for financial matters, and notes that you can appoint more than one attorney, either to act jointly or jointly and severally for flexibility.
Lara highlights that an LPA can only be created while you have mental capacity, so delaying can lead to serious complications. Without an LPA, families may face lengthy and costly applications to the Court of Protection, leaving a vulnerable person without decision-makers during critical periods. She advises that anyone with assets, financial obligations, or dependents should consider putting an LPA in place as early as possible, often alongside making a Will.
On the practical side, Lara explains that the process involves completing government forms, obtaining a certificate provider to confirm there is no undue influence, and registering the documents with the Office of the Public Guardian (OPG); a process that currently takes 8-10 weeks. While the forms can be completed online for £82 each, she warns that common mistakes, such as incorrect signing order or unclear handwriting, can invalidate the application.
Professional advice can help avoid these pitfalls and ensure the LPA is tailored to individual circumstances.
Read the full article on The Independent’s website [external link].
Lara’s comments have also been published in The Daily Express, Yahoo Finance, MSN, The Irish News, Ireland Live, Manchester Evening News, Devon Live, inkl and Offaly Express.