The Vital Importance of Having the Right Legal Documents in Place

Planning for the Future — Before It’s Too Late

Many people put off creating a Will or Lasting Powers of Attorney (LPA) because they believe they don’t need them yet, or that their family will “sort things out” if something happens. Unfortunately, that’s not how the law works.

Without the correct legal documents, your loved ones can find themselves locked out of financial accounts, unable to make vital health decisions on your behalf, and forced into lengthy and stressful legal processes, all while dealing with an already difficult time.

What Is a Last Will and Testament?

A Last Will and Testament is a legally binding document that ensures your money, property, and personal possessions are distributed according to your wishes after you die.

Suppose you die without a valid Will, known as dying intestate. In that case, your estate is divided according to strict legal rules, not your personal intentions. This can have painful consequences:

• Your spouse may not automatically inherit everything.

• Unmarried partners and stepchildren have no automatic rights.

• Family disputes can arise, often leading to costly legal battles.

• Your estate may take far longer to be settled.

Creating a Will gives clarity, peace of mind, and control — protecting the people and causes that matter most to you.

What Are Lasting Powers of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people (known as “attorneys”) to make decisions on your behalf if you lose the mental or physical ability to do so yourself.

There are two main types of LPA:

1. Health and Welfare LPA – Covers decisions about medical treatment, daily care, living arrangements, and end-of-life choices.

2. Property and Financial Affairs LPA – Allows your attorney to manage bank accounts, pay bills, handle investments, and even sell property if needed.

Without these documents, no one — not even your spouse, partner, or children — has automatic legal authority to make such decisions for you.

Data Protection and Privacy Laws: Why Even Family Can’t Step In

Modern data protection legislation, such as the UK Data Protection Act 2018 and GDPR, makes it illegal for service providers, banks, and institutions to share personal or financial information without explicit legal authority.

That means:

• Your spouse cannot access your bank accounts.

• Your children cannot speak to your utility providers, insurers, or pension company on your behalf.

• Even healthcare professionals may be limited in what they can discuss if no Health LPA exists.

Without an LPA, these organisations are legally obliged to refuse access regardless of family relationships or emotional circumstances.

What Happens If You Don’t Have an LPA

If you lose capacity and have no LPA in place, your family must apply to the Court of Protection for permission to act on your behalf.

This process is:

• Expensive – often costing thousands in legal and Court fees.

• Slow – taking months before authority is granted.

• Restrictive – the Court decides who can manage your affairs, not you.

Until that happens, no one can pay your bills, access your accounts, or make decisions about your care. In the meantime, local authorities or government-appointed deputies may step in to control your finances and living arrangements — often with little input from your family.

When the Local Authority Takes Control

Suppose you have no Power of Attorney, and you can no longer manage your own affairs. In that case, local authorities can legally take control of your assets and care decisions.

They may:

• Decide where you live (e.g., moving you into residential care).

• Access your financial resources to pay for care costs.

• Manage your property and accounts directly through an appointed deputy.

Your loved ones may have no say in these decisions — even if they know what you would have wanted.

How to Protect Yourself and Your Family

Preparing these documents doesn’t have to be complicated or expensive, but it does require some thought and professional guidance.

Here’s what you can do:

1. Write or update your Will – Make sure it reflects your current circumstances and is properly witnessed.

2. Create both types of LPA – Health and Financial — and register them with the Office of the Public Guardian.

3. Choose your attorneys wisely – Select people you trust implicitly to act in your best interests.

4. Communicate your wishes – Let your family know where your documents are kept and what your preferences are.

5. Review regularly – Life changes; your legal documents should too.

Peace of Mind Through Preparation

Having a Will and Lasting Powers of Attorney in place is not about pessimism — it’s about protection. These documents ensure that your loved ones aren’t left powerless, your wishes are respected, and your affairs are managed smoothly and lawfully.

Without them, even simple tasks become complicated — and the people you care about most could face stress, delays, and financial hardship at the worst possible time.

The correct paperwork may not be glamorous, but it’s one of the most caring and responsible things you can do for yourself and your family.

The Emotional Impact of Wills and LPAs

Suppose you are reading this as a family member. In that case, you may be wondering how to raise the subject with your relative. Or have already done so and been shot as the messenger. This reaction is normal; in my experience, people don't like to admit their mortality or deteriorating health.

A trusted legal adviser or financial adviser will have already recommended these documents in advance. If your relative has a trusted adviser, make contact with them and ask them to review the situation with your relative.

However, sometimes you have to accept that you can't force someone to implement these documents. And that in the event of death, the government's laws of succession will be used. In the event of care, the local authority will ultimately take control of the care needs and of the finances to fund them. Local Authorities in the UK have legal departments. They can fund care for 6 weeks and frequently take control of assets within a similar time frame. Whether by design or by coincidence, it will take the family approximately 9 months and thousands of pounds to gain control of the assets through the courts!

In summary, if you lose mental capacity and do not have a Lasting Power of Attorney (LPA) in place, your assets may be used to fund your care through the Local Authority. Given that many Local Authorities are facing significant financial challenges, the quality of care you receive may not be optimal or aligned with your best interests. Additionally, there is no guarantee that spouses will be placed together in care arrangements.