Why You Should Set Up an LPA Before It's Too Late

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

No one expects to lose the ability to manage their own affairs. Yet every year, hundreds of thousands of people in the UK find themselves unable to make decisions due to accidents, strokes, dementia, or other sudden health events. Without a Lasting Power of Attorney already in place, their loved ones are left in an incredibly difficult position — unable to access bank accounts, make medical decisions, or manage everyday affairs. The reality is stark: once you lose mental capacity, it is too late to create an LPA.

You Can Only Create an LPA While You Have Capacity

This is the single most important thing to understand about Lasting Powers of Attorney. The law requires that you must have mental capacity at the time you create and sign your LPA. Mental capacity means you understand what an LPA is, why you are making one, and the powers you are granting. If a medical professional determines that you no longer have this understanding, you cannot make a valid LPA.

There is no workaround for this requirement. Your family cannot create an LPA on your behalf. Your spouse, children, or closest friends have no automatic legal right to manage your finances or make healthcare decisions for you — regardless of how close the relationship. The only option left is to apply to the Court of Protection, which is far more expensive, time-consuming, and stressful.

The Real-World Consequences of Waiting

The consequences of not having an LPA become painfully apparent when a crisis occurs. Consider these common situations that families face every day across the UK:

• Frozen bank accounts — Banks will freeze accounts once they become aware that the account holder lacks capacity. Without an LPA, no one can access funds to pay bills, mortgages, or care costs.
• Inability to sell property — If a family home needs to be sold to fund care, no one can authorise the sale without legal authority. This can leave families unable to pay for the care their loved one desperately needs.
• Medical decisions in limbo — Without a Health and Welfare LPA, doctors must make treatment decisions based on their clinical judgement of the patient's best interests. Family members may have no formal say in these decisions.
• Care home choices made by others — Local authorities and healthcare professionals may determine where someone lives, with the family having little or no input.
• Business operations halted — If you run a business and lose capacity without an LPA, the business may grind to a halt with no one authorised to sign contracts, pay staff, or make operational decisions.

The Numbers Behind Mental Incapacity in the UK

The numbers around mental incapacity in the UK are sobering. According to the Alzheimer's Society, there are currently around 900,000 people living with dementia in the UK, and this number is projected to rise to over 1.6 million by 2040. Dementia is the leading cause of death in England and Wales, and one in three people born today will develop the condition during their lifetime.

Dementia is far from the only cause of lost capacity, though. Strokes affect over 100,000 people in the UK each year, and many survivors experience cognitive impairment. Traumatic brain injuries from accidents, severe mental health episodes, and other medical emergencies can strike anyone at any age, without warning.

Despite these figures, research suggests that only around 6% of the adult population in England and Wales has a registered LPA. This means the vast majority of people have no legal protection in place should they lose the ability to make their own decisions.

The Cost of Delay: Deputyship Through the Court of Protection

When someone loses capacity without an LPA, their family must apply to the Court of Protection for a deputyship order. In practice, this means months of delay, thousands of pounds in costs, and ongoing bureaucracy that an LPA would have avoided entirely.

To understand the full differences, read our guide on what happens without an LPA.

It's Never Too Early — But It Can Be Too Late

Many people put off creating an LPA because they feel they are too young, too healthy, or simply too busy. But the truth is that an LPA is most valuable when it is set up well in advance of any need. Registration with the Office of the Public Guardian takes several weeks, so even if you start the process today, there will be a waiting period before it can be used.

The ideal time to create an LPA is when you are healthy, clear-headed, and able to make careful, considered decisions about who should act on your behalf and how. Waiting until a health scare or a diagnosis often means making rushed decisions under emotional pressure — or discovering that it is already too late.

For guidance on the right time to act, read our guide on when you should create an LPA. If you are concerned about a family member who may already be experiencing cognitive decline, our guide on LPAs for someone with dementia may help.

Taking the First Step

Setting up an LPA does not have to be complicated or expensive. With UKLPA, the process is straightforward and guided, and you can complete it from the comfort of your own home. The small investment of time and money now can save your family enormous stress, expense, and heartache in the future.

Think of it as insurance you hope you never need to use — but if you do, you and your family will be profoundly grateful it is there.

Key Questions on Setting Up an LPA Early

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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