The importance of Having a Lasting Power of Attorney – Especially for Unpaid Carers in Warwickshire

Anna Kmiec
Jun 9
6 min read

Updated: Sep 1

Across England and Wales, over five million people take on the demanding yet often invisible role of unpaid carers. From helping elderly parents with medication to managing finances for a spouse with dementia, these carers are the backbone of our communities — offering love, time, and dedication without compensation.

In Warwickshire alone, thousands of individuals are in this position. While the responsibilities are heavy, many carers lack the legal framework to make essential decisions for those they support. That’s where a Lasting Power of Attorney (LPA) becomes more than just a legal document — it becomes a form of empowerment.

At Citywide Wills, we work with clients throughout Warwick and Warwickshire to help them secure their future with legally sound, compassionate planning. For carers, setting up an LPA can offer clarity, reduce stress, and ensure continuity of care when it matters most.

At Citywide Wills, we regularly help clients across Warwick and throughout Warwickshire to put robust plans in place through Lasting Powers of Attorney (LPA)

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that lets someone you trust (your “attorney”) make decisions on your behalf if you're unable to do so — whether due to illness, accident, or mental incapacity.

There are two main types of LPA:

1. Property and Financial Affairs LPA

This allows your chosen attorney to manage your:

Bank and building society accounts
Property and real estate decisions
Bill payments
Investments and pensions

It can be used while you still have capacity, with your permission, or only when you no longer can make decisions yourself.

2. Health and Welfare LPA

This covers decisions such as:

Medical treatment and care plans
Living arrangements
Day-to-day personal care
End-of-life decisions

Unlike the financial LPA, the health and welfare version only comes into effect once you lose capacity.

Together, these two documents form a comprehensive safety net — giving peace of mind that trusted people can act in your best interests when you need it most.

Why LPAs Are Crucial for Carers

Being a carer is more than a daily task — it’s a lifelong commitment. But caring without the legal authority to act can result in roadblocks.

Many carers report frustration when trying to:

Speak to banks or service providers
Arrange medical care or consultations
Access essential information about their loved one
Make urgent decisions in crises

These issues arise because organisations are often bound by data protection laws and won’t allow even a close relative or friend to act without formal legal consent.

Without an LPA, you might find yourself locked out of key decisions at the very moment you’re most needed.

Life Example: Alison’s Story

Take Alison, a Warwickshire resident who looked after both her elderly parents.

“The single biggest help by far was having an LPA in place. When Mum died suddenly, and we had to take over Dad’s care, the LPA was invaluable. Without it, dealing with hospitals, banks, and service providers would have made a stressful situation ten times worse.”

Alison now has her own LPA in place — even though she’s still in good health. As she puts it, "You never know when you’ll need it. I didn’t want my children to go through the same uncertainty I did."

The Role of LPAs in Dementia, Stroke, and Other Health Crises

According to the Alzheimer’s Society, over 900,000 people in the UK live with dementia, a number expected to rise. Other health crises like strokes or brain injuries can also result in sudden loss of mental capacity.

Having an LPA prepared before such conditions progress is critical. Once a person loses mental capacity, it’s too late to make an LPA. In those cases, families must apply for a Deputyship through the Court of Protection — a longer, more expensive, and more complex process.

By contrast, an LPA is proactive. It ensures decisions can be made swiftly and in the best interest of the person being cared for.

Understanding the Legal Implications

Without an LPA:

Doctors may not take your input seriously in medical decisions.
Banks can refuse access to joint or individual accounts.
Care homes may ignore family wishes about where or how someone is looked after.

With an LPA:

You are legally recognised to act on your loved one’s behalf.
You can protect their wishes, finances, and well-being.
You reduce friction between family members during emotionally charged times.

As Ruth Duffin, CEO of the Office of the Public Guardian, states:

“A Lasting Power of Attorney doesn’t just offer peace of mind — it empowers individuals to take control of their futures.”

When Should You Create an LPA?

Many people assume LPAs are only for the elderly or terminally ill. In reality, any adult aged 18+ should consider putting an LPA in place.

Why Create an LPA Early?

The importance of having a Lasting Power of Attorney is clear:

Accidents can happen at any age.
Mental health conditions or temporary incapacitation can arise suddenly.
Creating an LPA while you're well and mentally capable allows you to choose someone you trust.

Increasingly, younger adults in Warwickshire are taking steps to future-proof their lives with LPAs — not out of fear, but out of foresight.

Can I make an LPA for someone else? — A Lasting Power of Attorney provides more than peace of mind — it gives individuals the legal authority to shape and protect their future.

Carers in Warwickshire: Unique Challenges and Support

Carers in Warwickshire face unique pressures. Rural isolation, stretched healthcare services, and a growing elderly population mean that carers are often overburdened. Yet, many unpaid carers don’t identify themselves as such, and therefore miss out on available support — including guidance on LPAs.

At Citywide Wills, we believe every carer deserves legal tools and support to do their job with confidence. Whether you live in Warwick, Leamington Spa, Rugby, Nuneaton, or Stratford-upon-Avon, our team offers:

Free initial consultations
Home visits for those unable to travel
Step-by-step guidance through the LPA process
Advice tailored to your personal and family situation

Common Questions from Carers

Can I make an LPA for someone else?

Only the person giving the LPA (the "donor") can make it — and they must have mental capacity at the time. However, you can:

Help them understand the process
Assist with paperwork
Encourage them to speak to a legal adviser

What happens if my loved one can’t make decisions anymore?

If there is no LPA in place, you’ll need to apply for a Deputyship Order through the Court of Protection. This process:

Can take up to 10 months
Involves court fees and medical assessments
May result in the court appointing someone you wouldn’t have chosen

Is an online LPA service enough?

Some websites offer DIY LPA forms. However, without expert advice, mistakes can invalidate the document. Many people accidentally:

Name multiple attorneys without clear instructions
Use conflicting language
Fail to register the LPA correctly

We’ve seen clients come to us after problems arise. A professionally drafted LPA avoids these pitfalls from the start.

The LPA Process — What to Expect

Creating an LPA involves several key steps:

Choose your attorneys — People you trust with your finances, health, or both.
Complete the LPA forms — Either online or on paper, with clear preferences and instructions.
Get the LPA signed and witnessed — Including a certificate provider who confirms you understand the document.
Register with the Office of the Public Guardian — Only then can the LPA be used.

At Citywide Wills, we handle the paperwork, registration, and ensure compliance with legal standards — so your LPA works when you need it most.

Why Choose Citywide Wills?

We are not just will-writers — we are trusted legal partners to families across Warwickshire.

Our team brings:

Local expertise
Sensitivity to carer dynamics
Fixed pricing with no hidden fees
The option of in-home visits or virtual meetings

We don’t believe in one-size-fits-all. We tailor each LPA to you and your loved one’s needs.

Final Thoughts: Plan Today for Peace of Mind Tomorrow

Caring for a loved one is a profound act of compassion. But compassion alone isn’t enough when it comes to navigating banks, hospitals, and care systems.

A Lasting Power of Attorney empowers you to do what’s right — with the law on your side. Whether you're already a carer or simply planning ahead, we encourage everyone in Warwickshire to start the conversation today.

It could make all the difference tomorrow.