When organisations stop listening, it’s usually because legal authority is missing
Banks. Doctors. Care homes. Utility companies.
If they suddenly refuse to speak to your family, it’s rarely personal — it’s legal.
Lasting Powers of Attorney (LPAs) prevent that situation before it starts, keeping decisions in the hands of people you trust.
A client was sent to us as her husband had been put in a Nursing Home as he kept falling over, and the ambulance crews wouldn’t keep attending to pick him up. No mental issues. The bank froze the joint account into which all his pension went – their only income. It took 3 months to get LPAs in place, during which she had to rely totally on the charity of friends to survive.
Why banks, doctors and care teams are so strict
Professionals are legally required to protect the person they are dealing with. Once there is any doubt about mental capacity, staff are not allowed to rely on:
- family relationships
- verbal permission
- informal arrangements
They can only take instructions from:
- the person themselves (if they clearly have capacity), or
- someone with formal legal authority
That authority usually comes from a Lasting Power of Attorney (LPA).
There is official guidance issued to banks, utilities and healthcare organisations explaining exactly how they must deal with LPAs — I link to this guidance on the site so you can see the rules they are working under.
Mental capacity isn’t all-or-nothing
A common misunderstanding is assuming someone either has capacity or doesn’t.
In reality:
- capacity is decision-specific
- it can fluctuate
- it often declines gradually
Someone may still appear confident, yet be unable to:
- understand medical options
- weigh risks and benefits
- manage finances safely
- give informed consent
At that point, professionals must step back — unless the right documents are already in place.
Two LPAs. Two very different problems solved.
Property & Financial Affairs LPA
This allows your chosen attorneys to:
- deal with banks, pensions, insurers and utilities
- manage bills and accounts
- handle property and financial decisions
- step in gradually, if you want help early
Without it, families are often blocked completely — even for urgent, everyday matters.
Health & Welfare LPA
This allows your chosen attorneys to:
- speak to doctors, nurses and care staff
- be involved in care planning
- make decisions if you cannot
- consent to or refuse treatment
- decide where and how you are cared for
Without a Health & Welfare LPA:
- medical staff must make decisions based on best interests
- family members may be consulted, but have no legal authority
- serious decisions can be delayed or escalated
This is one of the most overlooked — and most important — documents people fail to put in place.
Why setting LPAs up early makes everything easier
LPAs must be made while you still have mental capacity.
When they are set up early:
- authority already exists when it’s needed
- support can be gradual, not rushed
- arguments with institutions are avoided
- decisions stay personal, not procedural
Most Property & Financial Affairs LPAs can be used before capacity is lost, if you choose. That allows help without handing over control.
Don’t read any further – act now and get protection in place – call 01323 766766 or use the enquiry form.
What happens if LPAs are left too late
When someone loses capacity without LPAs:
- bank accounts may be frozen or restricted
- bills can go unpaid
- family members are shut out
- urgent decisions are delayed
The usual alternative is a Court of Protection deputyship.
Deputyship:
- takes months (often longer)
- costs thousands of pounds
- involves ongoing supervision and reporting
- gives less flexibility than an LPA
Many families are shocked to discover that decisions are no longer theirs but are made by a Court appointed solicitor they have no relationship with.
A note on control and trust
A common concern is: “Doesn’t an LPA give someone too much power?”
The law protects you:
- attorneys must act in your best interests
- they must follow your written instructions
- attorneys must consider your wishes and values
- abuse can be reported and investigated – let me help choose the right arrangements.
An LPA does not remove control. It keeps control with the people you choose, rather than handing it to the system.
A calmer alternative to crisis decisions by the Court of Protection
People who put LPAs in place early rarely think about them again — because they quietly work in the background.
People who don’t often remember:
- repeated refusals
- stressful phone calls
- hospital uncertainty
- frozen accounts
- months of delay
LPAs replace panic with continuity.
The simple truth
LPAs are not about expecting the worst.
They are about:
- Happenstance – do you KNOW what tomorrow holds?
- staying in control for longer
- choosing who speaks for you
- avoiding unnecessary battles with institutions
- protecting the people you care about
If organisations are already pushing back, it’s often a sign that legal authority has become essential, not optional.
Ready to put LPAs in place for maximum benefit?
Clear advice. No pressure.
Set up while you still have the choice. call 01323 766766 or use the enquiry form.