When we think about planning for the future, many of us begin with wills. That’s often the starting point because we’re told at some stage, explicitly or implicitly, that it’s wise to prepare for what we might leave behind.

But what happens if we don’t die… we just change?

In this blog, we’re tackling another uncomfortable but essential topic that too often goes overlooked; how we plan for the version of ourselves that’s alive but can no longer make decisions. It’s a subject many people sidestep, dismissing it as something for the elderly or already unwell. But just like having a will, setting up a Lasting Power of Attorney (LPA) is a forward-looking act of protection. And one that too many people leave too late.

If you’re young, healthy and independent, thinking about handing over decision-making power can feel extreme. But thinking the unthinkable isn’t about being dramatic. It’s about being prepared, compassionate and clear-sighted about life’s what-ifs.

Incapacity: It’s Not Just a Medical Term

Mental capacity, in legal terms, is the ability to understand, retain and weigh up information to make a decision, and communicate that decision clearly. It can be lost temporarily or permanently, gradually or suddenly. And when it’s gone, unless someone has legal authority to act on your behalf, everything from paying your rent to approving surgery becomes a tangled mess.

The Two Types of Lasting Power of Attorney

In England and Wales, there are two types of LPA under the Mental Capacity Act 2005:

1. Health and Welfare LPA – This allows someone you trust to make decisions about things like your daily routine, medical care and where you live. It can only be used when you’re no longer capable of making these decisions yourself.
2. Property and Financial Affairs LPA – This lets someone manage your money, pay bills, collect benefits or sell your home if needed. It can be used with your permission even while you still have capacity, for example, if you’re abroad or physically unable to get to the bank.

You can appoint the same person for both roles or choose different people based on their skills, availability, and your personal preferences. You can also nominate replacement attorneys in case your first choices can’t act, something many people overlook.

What Happens Without an LPA?

Without an LPA, decisions fall to the Court of Protection, a process that’s complex, slow and costly. Someone will need to apply to become your deputy, and this usually involves court fees, solicitor involvement, annual supervision costs and delays that can stretch into many months.

And that’s assuming someone steps forward at all. In many cases, particularly for people without close family, no one feels confident enough to take on the responsibility, and the court may assign an external deputy or leave decisions to doctors or local authorities.

According to Canada Life, four in five UK adults (78%) have not set up an LPA, including 77% of those over 55. (canadalife.co.uk)

The Human Cost of Not Planning Ahead

Let’s say you’re hit by a sudden illness or serious accident. You’re unable to speak and can’t sign documents or make decisions. Who tells the hospital what care you would or wouldn’t want? Who accesses your bank account to pay the mortgage? Without legal authority, even your closest family may be unable to step in

Here are a few real-life style scenarios we explore in the podcast:

The Christopher Reeve Moment

You’re injured, fully conscious, but physically unable to carry out tasks. You might still have the ability to make decisions but struggle to communicate or act on them. A financial LPA allows someone you trust to step in without needing constant verbal instruction. In these cases, a welfare LPA may not yet be active, but having both in place offers full protection.

The Michael Schumacher Moment

After a serious head injury, you’re in a coma or minimally conscious state. No one can predict the outcome. Without LPAs, every decision, from rehab to managing your finances, requires a court order.

Living with Early Dementia

You’re slowly losing your ability to process and retain information. At first, you’re aware enough to appoint an attorney and discuss your wishes, but wait too long, and the opportunity slips away. LPAs allow people to retain dignity and choice by acting before capacity is lost.

Mental Health Crises

Fluctuating mental health conditions like bipolar disorder or schizophrenia can cause temporary incapacity. With the right LPAs in place, someone you trust can help when you’re most vulnerable, and step back when you regain capacity.

Choosing Your Attorneys Wisely

Being someone’s attorney isn’t just about being “good with money” or “caring”. It’s about trust, shared values and long-term dependability.

Many people instinctively appoint a partner or adult child. But this isn’t always appropriate. Some things to consider:

• Do they understand your wishes clearly?
• Would they act in your best interests under pressure?
• Can they manage responsibility without conflict?
• Are they likely to be around when the time comes?

Some people choose a solicitor or professional as one of their attorneys, particularly for the financial side, to provide neutrality and legal competence.

You can also add:

• Instructions– legally binding statements they must follow
• Preferences– softer, non-binding guidance about your wishes
  Examples might include:

“I prefer not to be admitted to a care home unless absolutely necessary”
“I want my pets to stay with me for as long as possible”
“I would not wish to receive life-sustaining treatment in the event of severe, irreversible brain injury”

These details give your attorneys clarity and help them act with confidence if the worst happens.

What’s Causing the Surge in Applications?

LPAs are becoming more widely known, but the system isn’t keeping up with demand.

• The Ministry of Justice reported 321,302 LPAs registered between October and December 2024 alone- a 2% increase year-on-year. (gov.uk)
• At the same time, applications to the Court of Protection for people without an LPA hit record highs- over 9,000 in just three months.
• Processing times have ballooned. Despite a 40-day target, some families wait over 15 weeks, and more than 50,000 applications were rejected in the last year due to common errors like typos, missing signatures or incorrect forms.
  (thetimes.co.uk)

These delays aren’t just frustrating, they can leave people’s lives in limbo during moments of intense crisis.

The Takeaway: Do It Early, and Do It Thoroughly

You don’t need to wait until you’re unwell. In fact, the best time to create LPAs is when you feel like you’ll never need them. Because when you do, it may already be too late.

Here’s what we recommend (and can assist you with, should you choose to engage our services):

• Choose the right Attorneys and reserve Attorneys
• Execute both types of LPA- health and financial
• Talk to your attorneys now, so they fully understand your wishes
• Put preferences in writing– it makes their job easier and protects your dignity
• Review them every 5 years or after major life changes (divorce, illness, death of an attorney)
• Register them officially with the Office of the Public Guardian (OPG)
• Avoid DIY mistakes- either take time to double-check the forms or get help from a solicitor

Setting up LPAs isn’t just about protecting assets- it’s about protecting you.

A Loving, Future-Facing Act

Incapacity doesn’t always announce itself with flashing lights. It can be slow, subtle, or completely sudden. But with LPAs in place, the people you trust most can act with confidence, respect and legal authority, even when you can’t speak for yourself.

Creating a Power of Attorney might not be the most thrilling task on your to-do list. But it’s one of the most meaningful.

It’s a gift to your future self- and to the people who care for you the most.

Chiltern Trust Corporation Limited

Our LPA services are provided through our subsidiary, Chiltern Trust Corporation Limited (CTC), a fully registered trust corporation that can be appointed as a prospective attorney for your property and financial affairs, or as an executor under your will, alongside family members or other trusted individuals. The appointment remains inactive until it’s needed, at which point we step in to ensure continuity and professional support if others are unable to act. This service is closely integrated with our Core Service, including access to our secure electronic vault (“The Vault”), where all essential documentation, financial details and lifestyle information are stored. This means attorneys or executors have everything they need at their fingertips, helping to streamline estate administration, reduce stress and cost and give families greater clarity and control when it matters most.

To listen to Vince’s full podcast on the subject, click here.

Preparing for the worst is not about pessimism; it’s about responsibility and love. Think the unthinkable. Plan with compassion.

At Chiltern Corporation we help families prepare for the full spectrum of life. That means looking ahead, not just at the opportunities, but also the hard questions. Our estate planning services include:

• Counselling young adults on the need for wills and powers of attorney
• Working with lawyers to structure wills 
• Guidance on powers of attorney and digital asset management
• Family financial planning tools to align generations
• Bespoke inheritance and wealth protection strategies
• Assistance with probate and estate administration

If this topic has struck a chord, we invite you to speak to one of our advisors. We’re here to help make difficult conversations a little easier and the future a little more secure.

References:

1. Canada Life, 2023
   Finding: 78% of UK adults have not registered a Lasting Power of Attorney, including 77% of those over 55.
   https://www.canadalife.co.uk/news/four-in-five-uk-adults-haven-t-set-up-a-lasting-power-of-attorney/
2. Office of the Public Guardian (OPG), GOV.UK, 2024
   Explanation: Overview of Lasting Power of Attorney types, application process and legal duties.
   https://www.gov.uk/power-of-attorney
3. Mental Capacity Act 2005
   Legal Basis: The Act defines mental capacity, and underpins all LPA decisions in England and Wales.
   https://www.legislation.gov.uk/ukpga/2005/9/contents
4. The Law Society, 2023
   Finding: Many adults mistakenly believe LPAs are only necessary for the elderly.
   https://www.lawsociety.org.uk/topics/blogs/lasting-powers-of-attorney-why-planning-ahead-matters
5. Age UK, 2024
   Guidance: Real-world impact of not having an LPA and the role of the Court of Protection.
   https://www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/
6. STEP (Society of Trust and Estate Practitioners), 2023
   Advice: Tips on choosing attorneys wisely and including preferences and instructions.
   https://www.step.org/guide/lasting-power-attorney
7. Office of the Public Guardian Annual Report, 2023-24
   Observation: A rising number of younger adults are applying for LPAs, reflecting greater awareness post-pandemic.
   https://www.gov.uk/government/publications/office-of-the-public-guardian-annual-report-and-accounts-2023-to-2024
8. NHS England – Mental Capacity Guidance
   Explanation: Legal and practical implications of temporary and fluctuating capacity.
   https://www.england.nhs.uk/mental-health/resources/information-and-guidance/mental-capacity-act/