Lasting Powers of Attorney — Why Act Early

4 MARCH 2026 16:30

Lasting Powers of Attorney — Why Acting Early Could Be the Most Important Decision You Make

By Samantha Kiley, CILEX Practitioner — Probate Department, Gomer Williams & Co Limited

As a CILEX Practitioner specialising in probate at Gomer Williams & Co Limited, I regularly advise clients on the importance of putting a Lasting Power of Attorney in place — and unfortunately, I also see the very real consequences when one hasn't been. It is a conversation I have every day, and one I wish more people were having far sooner.

The reality is that none of us can predict what lies ahead. A sudden accident, a stroke, the gradual onset of dementia — these are not circumstances any of us plan for, and yet they happen, often without warning. What we can control is how prepared we are when they do.

A Lasting Power of Attorney is a legal document that allows you to appoint a trusted individual — your Attorney — to make decisions on your behalf should you lose the capacity to do so yourself. There are two types, and I would always recommend considering both:

Property & Financial Affairs — empowering your Attorney to manage your finances, pay bills, access bank accounts, collect income and benefits, and deal with property matters on your behalf. Financial responsibilities do not pause during a crisis, and having someone with the legal authority to manage these matters can make an enormous difference to your family during an already difficult time.

 

Health & Welfare — enabling your Attorney to make decisions regarding your personal care, day-to-day welfare, living arrangements, medical treatment and, in certain circumstances, life-sustaining treatment. This is perhaps the most personal document you will ever put in place. Ensuring the right person holds this authority — someone who truly understands your values and wishes — is something I feel very strongly about.

 

The importance of choosing the right Attorney cannot be overstated. This is a position of significant legal authority and responsibility. Your Attorney must be someone you trust implicitly, who will act in your best interests at all times, and who fully understands the weight of the role they are taking on. I would always recommend having an open and thorough conversation with your intended Attorney before the document is prepared, and would also encourage clients to consider appointing more than one Attorney as an additional safeguard.

It is also worth noting that a Lasting Power of Attorney cannot be used until it has been formally registered with the Office of the Public Guardian. This is something our team will guide you through as part of the process.

 

Timing, however, is the single most important factor — and the one most people overlook. A Lasting Power of Attorney can only be executed while you retain mental capacity. In my experience, clients often begin thinking about putting one in place only when they are already struggling to manage their affairs, or following a diagnosis — and sadly, by that point, it can be too late.

Those who delay and subsequently lose capacity are left with only one available route: an application to the Court of Protection for a Deputyship Order. This process is considerably more expensive and significantly more time-consuming than preparing a Lasting Power of Attorney. Crucially, it is also open to any party to apply — meaning that a professional firm, Social Services, or a family member you may not have chosen could be appointed to manage your affairs. It is a situation that, in the vast majority of cases, could have been avoided with earlier planning.

At Gomer Williams & Co Limited, we consider a Lasting Power of Attorney to be every bit as important as making a Will. It preserves your autonomy, it protects those closest to you, and it ensures that your wishes are known and respected — and that the right people have the authority to act in your best interests at the time they are needed most. The peace of mind it provides, both for our clients and their families, is immeasurable.

If you would like to discuss putting a Lasting Power of Attorney in place, or simply have questions about the process, please do not hesitate to contact me and the team here at Gomer Williams & Co Limited on 01554 755101. We would be very happy to help.

Samantha Kiley | CILEX Practitioner | Probate Department | Gomer Williams & Co Limited

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