Why carers need LPAs to protect their loved ones.
Chris Watts, MSWW, CeMAP – Fern Wills & LPAs
Last verified: 29 September 2025 (England & Wales)
Quick-read summary
If you care for a loved one — as family or in a paid role — you already know how complicated everyday decisions can become. Conversations with banks, GP practices, social care or utilities can stall without formal authority.There are more than 5 million unpaid carers in England & Wales, and many run into these barriers every week. A Lasting Power of Attorney (LPA) gives clear, legal authority so carers can act without unnecessary blockages. This can be the difference between smooth support and endless red tape.
- Next of kin has no automatic legal power.
- Without an LPA, banks, GPs and social services may refuse to deal with you.
There are two LPAs: Property & Financial Affairs (can be used earlier, if the donor has allowed it) and Health & Welfare (only once the donor lacks capacity).
Setting one up early is vital. Once capacity is lost, it may be too late — and you may need to apply to the Court of Protection, which is more expensive, time-consuming, restrictive and difficult than an LPA.
Attorneys carry real responsibilities. Keeping records, maintaining separate finances, and being prepared for oversight are essential — they protect both the person you’re caring for and you.
Contact us about our Life and Legacy Logs to streamline and ensure compliance with this process.
Practical checklist — triggers for carers
You may need to explore an LPA if:
- You are helping with banking, bills, or benefits.
- The person you care for has a diagnosis that could affect decision-making (dementia, stroke, learning disability, brain injury).
- Medical teams already ask for your input on treatment.
- You are spending time navigating social services, care funding, or housing issues.
- You’re worried about what happens if you become unavailable.
- New or worsening diagnosis affecting decision-making (dementia, stroke, brain injury, severe mental health episode).
- Frequent confusion, missed meds, or difficulty following conversations with professionals.
- Hospital admission or discharge planning; moving into (or considering) a care home.
- Unpaid bills, banking problems, frozen/restricted joint accounts, online banking locked out.
- Changing GP, switching surgery, or registering for proxy access to medical records.
- Applying for benefits (e.g., Attendance Allowance, PIP) or dealing with DWP/Local Authority on someone else’s behalf.
- Selling or re-mortgaging a home; arranging rent/tenancy; major purchases or contracts (car, utilities).
- Power-of-attorney “work-arounds” already happening (you’re phoning as them, filling forms, signing for deliveries).
- Family change: marriage, separation, bereavement, new partner, moving house, moving in with the person you care for.
- Care package reviews, Continuing Healthcare assessments, or complaints/appeals where you need to speak formally for them.
- Multiple carers involved (siblings/family/friends) — you need clarity on who can decide what, when.
- Existing LPA is outdated (people named moved away, fallen out, died, or are no longer appropriate).
- You (the carer) feel stretched/burnt out and need practical authority to simplify tasks.
- Travel plans or extended time abroad for either of you.
- Anything that would require access to funds, contracts, or medical decisions at short notice.
What to consider
- Authority vs assumption: without an LPA, institutions can refuse to deal with you even if you’re the spouse or adult child.
- When each LPA applies: Property & Financial Affairs may be used earlier only if the donor has allowed it; Health & Welfare applies only when the donor lacks capacity.
- Duties & accountability: attorneys must act in the best interests, keep records/receipts, and be able to justify decisions if the OPG or Court asks.
Voices from the front line
Alison (Carer)
“With regard to the issue of dealing with service providers on behalf of your loved one, the single biggest help by far is having an LPA in place. When my mum died suddenly and my siblings and I took on Dad’s care, having an LPA was invaluable — without it a stressful situation would have been ten times worse. I have an LPA for myself as well, even though I hope it won’t be needed for a good few years yet!”
Sarah’s experience
We recently helped a client — we’ll call her Sarah — who was caring for her mum after a stroke. With an LPA in place, she could handle the bills, talk to the GP, and organise care packages quickly. Without it, every step would have required extra forms, delays, or even a court application.
Jazz’s example
Jazz supported her mother by helping with weekly shopping. When her mum’s health declined, having an LPA allowed Jazz to manage not just groceries but also online orders, utility bills, and access to care funding without hitting bureaucratic walls.
Ruth Duffin, Public Guardian and CEO of the Office of the Public Guardian
“A Lasting Power of Attorney doesn’t just offer peace of mind — it empowers individuals to take control of their futures. We’ve partnered with Carers UK to deliver an informational session to explain how LPAs can provide lasting reassurance for both carers and their loved ones.
”Emily Holzhausen CBE, Director of Policy and Public Affairs at Carers UK
“For unpaid carers, having an LPA in place can bring vital reassurance — knowing you have the legal authority to support and act in the best interests of the person you care for, if they’re ever unable to make decisions for themselves. Talking about future care, finances or medical wishes can be difficult and overwhelming. But having those discussions early can make a real difference for carers, providing clarity when it’s needed most.”
Jenny (Carer)
“My husband and I discussed everything when he first had a diagnosis. We recorded his wishes and put an LPA in place before he lost the capacity to make decisions. It gives me such peace of mind; I know what he would want, and it means the family and professionals are also aware, therefore, there are no problems.”
Can a paid carer be an attorney?
Sometimes, but usually not. Professional carers are generally excluded to avoid conflicts of interest. A family member, trusted friend, or professional adviser is usually more suitable.
Does “next of kin” give me legal rights?
No. Hospitals and banks may ask who the next of kin is, but it carries no legal authority. Only an LPA (or a court order) provides that.
If my loved one still has capacity, can I use a Health & Welfare LPA?
No. These only come into effect once the donor has lost capacity.
Do I need an LPA if I’m already a DWP appointee?
Being an appointee only covers benefits. You’ll need an LPA for wider financial matters like bank accounts or property.
What if there’s no LPA in place?
You may need to apply for a 1deputyship via the Court of Protection — a slower, more expensive process.
Can I name more than one attorney — and must they agree?
Yes, and we strongly recommend that you do. You can appoint attorneys jointly (must agree on every decision), jointly and severally (they can act together or separately), or a mix for different decisions. We’ll help you choose the safest structure for your situation.
Can my attorney start helping with money before capacity is lost?
Only if the LPA expressly allows use while the donor still has capacity — otherwise they must wait.
What records should attorneys keep?
Record-keeping is seldom done, but it is very important. As far as we know, Fern Wills & LPAs are the only providers in the UK to offer a robust set of legacy logs for clients to purchase, protecting themselves and each other. They cover decisions, bank statements, invoices/receipts, notes of advice taken, and any conflicts considered. Good records protect the donor and the attorney.
What happens if an attorney behaves improperly?
The Office of the Public Guardian or the Court can investigate, require information, and in serious cases remove an attorney. Best-interests decisions and good record-keeping are your safeguards.
How do I get started properly?
Contact Fern Wills & LPAs. We set up both LPAs with the right safeguards and manage OPG registration so it’s valid when you need it.
Optional technical notes (for those who want the detail…)
- Legal framework: LPAs are governed by the Mental Capacity Act 2005.
- Who can be an attorney: Must be over 18, with mental capacity.
- Registration fee: £92 per document (from 17th Nov 25), with reductions for low-income households and exemptions for certain benefits.
- Registration: an LPA must be registered with the Office of the Public Guardian before it can be used.
- Timeline: The OPG typically takes 8–16 weeks to process.
- Carer’s rights:
- Carer’s Assessments under the Care Act 2014.
- Carer’s Leave (since April 2024) allows up to 1 week of unpaid leave per year.
Sources & further reading
Next steps
LPAs are not just legal paperwork — they are practical tools that protect both carers and the people they support.
Let’s make this easy. Contact Fern Wills & LPAs and we’ll:
- map who should act (and when),
- draft both LPAs with the right safeguards, and
- handle the OPG registration so it’s valid and ready.
If you’re a carer or donor" and would like clear advice on setting one up:
📞 Call Chris Watts at Fern Wills & LPAs for an honest, no-obligation chat.
