Lasting powers of attorney, LPAs, are widely misunderstood, which can lead people to delay putting one in place. Here, we explore five of the most common myths and explain why they don’t hold up under legal scrutiny.
Myth 1: “My family can take care of everything”
Many people assume that a spouse or close family member will automatically be allowed to manage their affairs if something happens. In reality, without a registered lasting UK power of attorney, no one has the legal right to make decisions or access accounts on your behalf – even if you are married.
Myth 2: “We’ve got joint accounts, so we’re covered”
It’s a common misconception that joint bank accounts remain fully accessible if one account holder loses capacity. In most cases, banks will freeze the account to protect the vulnerable person’s interests.
Myth 3: “Next of kin can make health decisions for me”
Although “next of kin” is often used in hospitals or care settings, it doesn’t carry any legal authority. Medical professionals are required to act in the patient’s best interests, and while they may consult loved ones, only someone appointed under a health and welfare LPA can legally make decisions on another person’s behalf.
Myth 4: “I have a Will, so I don’t need a power of attorney”
A Will only takes effect after death, whereas an LPA is used during your lifetime if you become unable to manage your affairs. Without an LPA, no one can step in to help with everyday matters. Citizens Advice explains how to make a will.
Myth 5: “LPAs are just for older people”
Loss of mental capacity isn’t limited to old age – it can happen suddenly due to an accident, illness, or medical emergency. Having an LPA in place early means your chosen attorney can step in without delay. You can research UK power of attorney guidance to find out more about the importance of having an LPA.
Putting an LPA in place early is a simple way to protect your future and ease the burden on loved ones.