Month: October 2025

Martin Lewis, the UK’s trusted financial expert and founder of MoneySavingExpert.com, has repeatedly urged people to prioritise setting up a Lasting Power of Attorney (LPA) – even before writing a will. In his words, “You’ll never regret putting an LPA in place – but you may really regret not doing it”.[1] In the same article, he states that any age is a good age – there really is no trigger age!

So why does he say this legal document is more important than a will?

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone (an “attorney”) to make decisions on your behalf if you lose the ability to do so yourself. There are two types:

• Property and Financial Affairs LPA – covers money and property
• Health and Welfare LPA – covers medical treatment, care, living arrangements: the more “social decisions”

Unlike a will, which only takes effect after death, an LPA protects you while you’re alive.

Check out our page on Lasting Powers of Attorney here: Lasting Powers of Attorney (LPA) – Lawson West

Why LPAs Matter More Than Wills (According to Martin Lewis)

Martin Lewis explains that illness, accidents, or strokes can strike at any age, and without an LPA, your family have no legal authority to act. Instead, they must apply to the Court of Protection, which is:

• Slow – applications can take months, or even years
• Expensive – fees often begin around £2,000 for the application and the initial “start-up” costs
• Stressful – families may face delays in accessing funds or making urgent decisions
• Repetitive – the Court may require different applications for different decisions, which increases all of the above points!

By contrast, an LPA registration costs just £82 per document (people with low income / in receipt of certain benefits can pay £41 Court fee or no Court fee at all, depending on their circumstances) and can be set up in advance, giving peace of mind and control.

Martin Lewis has publicly shared that he set up his own LPA in his 30s. He urges people of all ages—not just the elderly—to consider it. His message is clear: LPAs are not just for later life—they’re for life’s unexpected turns.

Lawson West’s Phoebe Skarlatos, Head of Probate, Wills and Trusts agrees: “Unfortunately, our team have seen lots over our time in the business. There really is no age that people fall ill and require an LPA, and it falls to us, where they don’t have one, to break the bad news that they will need to look at the Court of Protection”. She further comments: “When you stop to think about all the aspects of your life, what would happen if you couldn’t do things. Without an LPA, that would be reality. Your mortgage wouldn’t get paid, your business may stop being able to pay it’s employees, you may not be able to settle credit card bills….the list goes on!”

How can we help?

Please call our friendly Probate, Wills & Trusts team on 0116 212 1000 or 01858 445 480, alternatively complete our free Contact Us form and we will get in touch as soon as possible.

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[1] Martin Lewis: Do you have a Power of Attorney? Here’s why it’s so important and how to get one

A Power of Attorney (POA) gives someone you trust the authority to make decisions on your behalf. It’s an incredibly useful legal document, but circumstances can change. You might fall out with the person you’ve appointed, suspect they’re not acting in your best interests, or simply want to take back control of your own affairs.

If you’re wondering, “Can I get rid of my Power of Attorney?”, the answer is yes – and how you do it depends on the type of Power of Attorney you have.

The Different Types of Power of Attorney

Before taking any action, it’s important to know which kind of Power of Attorney you’ve made:

• General Power of Attorney – Usually a short-term arrangement for financial matters, such as managing your bank accounts while you’re abroad. It ends automatically if you lose mental capacity.
• Enduring Power of Attorney (EPA) – These apply to financial decisions and were replaced by LPAs in 2007. They continue to operate even if you lose mental capacity unless you revoke them.
• Lasting Power of Attorney (LPA) – The most common type today. There are two kinds: one for Property and Financial Affairs and another for Health and Welfare. LPAs remain in place after registration, even if you later lose capacity.

Why Would You Want to Cancel a Power of Attorney?

There are several reasons why you might decide to revoke or change your Power of Attorney:

• Family breakdown or disagreement – Divorce, separation, or family disputes can make an existing arrangement inappropriate.
• Financial concerns or abuse – Sadly, attorneys sometimes misuse their powers or fail to act in the donor’s best interests.
• Change in circumstances – Your attorney may have moved away, become ill, or simply no longer be suitable.
• Peace of mind – You might prefer to handle your affairs yourself or appoint someone new you trust more.

Whatever your reason, it’s important to take advice before making changes, especially if your attorney is already acting for you.

What Happens After You Cancel Your Power of Attorney?

If you revoke your Power of Attorney, your attorney will no longer have any legal authority to act on your behalf. You’ll need to think about who will help you in the future, particularly if you later become unable to make decisions for yourself.

Without a valid Power of Attorney in place, your loved ones may need to apply to the Court of Protection to manage your affairs – a process that can be stressful, costly and time-consuming.

If you still want someone to help you, you might prefer to replace your current attorney with someone new rather than remove them entirely.

How to Revoke a Power of Attorney

The process depends on the type of Power of Attorney you have:

• General Power of Attorney – You can revoke it in writing at any time.
• Enduring or Lasting Power of Attorney – You’ll need to prepare a Deed of Revocation, sign it while you still have mental capacity, and send copies to your attorney(s) and the Office of the Public Guardian (OPG).

Once the OPG has confirmed the revocation, your Power of Attorney will no longer be valid.

Can Your Attorneys Step Down?

Yes. An attorney can choose to renounce (step down from) their role if they no longer wish to act. They’ll need to give written notice, and if no replacement attorney has been named, you may need to make a new Power of Attorney.

This is why it’s always a good idea to appoint more than one attorney or to name replacement attorneys from the outset.

Full or Partial Revocation – What’s the Difference?

You don’t always have to cancel the entire Power of Attorney. If you’re happy with some of your attorneys but not others, you can make a partial revocation, removing one attorney and leaving the rest in place.

A solicitor can help you decide whether a full or partial revocation is best for your circumstances and ensure all the paperwork is handled correctly.

Choosing Your Attorneys Wisely

The best way to avoid problems later is to choose your attorneys carefully. Pick people who are trustworthy, organised, and understand your wishes. It can also be helpful to discuss your preferences with them in advance so they’re clear about your expectations.

We’re Here to Help

At Lawson West Solicitors, our friendly and experienced team in Leicester and Market Harborough are experts in Powers of Attorney. We can help you:

• Set up a new Power of Attorney
• Revoke or amend an existing one
• Advise you if you’re concerned about how an attorney is acting

Whether you’re putting a Power of Attorney in place or bringing one to an end, we’ll guide you through the process with clarity and care.

If you would like to discuss Powers of Attorney and how we may be able to help, please give our friendly team a call on 0116 212 1000 or 01858 445 480 or complete our Contact Us form.

Written with the assistance of AI and checked by a Senior Solicitor.