A significant number of families risk leaving loved ones without essential legal protections by delaying the arrangement of a Lasting Power of Attorney (LPA), according to recent findings. An LPA is a legal document that authorizes a trusted individual to manage financial, health, and welfare decisions on behalf of someone who may lose mental capacity due to conditions such as dementia or Alzheimer’s disease.

Research from Paragon Bank reveals that nearly half of those without an LPA intend to wait for a change in their circumstances before establishing one. Andrew Wright, head of savings at Paragon Bank, noted that while most people recognize the importance of an LPA, many postpone setting one up until facing a health scare, reaching a milestone age, or experiencing another major life event.

This hesitation could complicate matters further for families when urgent support becomes necessary. Wright emphasized that LPAs are most effective when arranged proactively. Waiting until assistance is critically required may add pressure during an already stressful period.

In England and Wales, awareness of LPAs appears to be increasing. The Office of the Public Guardian reported receiving 1.37 million applications during the 2024/25 tax year alone. Currently, there are over 9.3 million active LPAs or their predecessor, the Enduring Power of Attorney (EPA). While EPAs were phased out in October 2007, they remain legally valid.

The research indicates a generational difference in uptake. Nearly 70% of individuals aged 75 and older have arranged a Power of Attorney. However, about 20% of people surveyed said they planned to wait until reaching a certain age before considering one.

It is important to note that an LPA cannot be created after a person has lost mental capacity. In such cases, relatives or trusted individuals must apply to the Court of Protection to be appointed as deputies with authority to make decisions. This process is more costly and complex compared to setting up an LPA in advance.