Do I need a Lasting Power of Attorney? Martin Lewis explains

Martin Lewis has explained how millions are at risk without a Lasting Power of Attorney <i>(Image: PA)</i>
Martin Lewis has explained how millions are at risk without a Lasting Power of Attorney (Image: PA)
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Martin Lewis has urged families to confront one of the most uncomfortable financial questions: what happens if you’re still alive, but unable to make decisions?

Speaking on The Martin Lewis Money Show Live on ITV, he said: “I think in many ways, a Power of Attorney is more important than a will.”

Explaining why, he added: “If you die, you die and the money is going to go on to other people and you won't use it anymore.

But if you lose your faculties… what happens to your finances?”

He warned families not to assume access is automatic: “Don’t assume your family can access your money — not even if it’s the money needed to pay for your care. It can be locked away without anyone being able to touch it.”

Without a registered Lasting Power of Attorney (LPA), relatives may need to apply via the Court of Protection — a process Lewis described as “a hassle… long… costly.”

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney allows you to appoint someone you trust to make decisions if you lose mental capacity.

In England and Wales, LPAs are registered with the Office of the Public Guardian and cost £82 per document.

There are two types:

  • Health and Welfare – covering medical care and living arrangements
  • Property and Financial Affairs – covering bank accounts, bills and property

Even with a will and LPA in place, families can still face financial pressure.

Rebecca Peach, founder of The Farewell Guide, said: “A will determines where your assets go after death.

"A Lasting Power of Attorney determines who can manage them if you lose capacity."

The message from experts is clear: a will protects your legacy. A Power of Attorney protects you while you’re still here, and as Lewis puts it, it may be the more urgent document of the two.

How to Apply for a Lasting Power of Attorney

England & Wales

  1. Choose your attorneys: Trusted individuals (friends, family).
  2. Download or fill forms online:

    • LPA Form (EPA1 for finances, HW1 for health & welfare).

  3. Sign and get certificates: A “certificate provider” confirms capacity.
  4. Register with the Office of the Public Guardian:

    • Online via gov.uk

    • By post to OPG England & Wales

    • Typical processing: 8–10 weeks if error-free

  5. Cost: £92 per LPA (discounts available).

Contact the Office of the Public Guardian (England & Wales) for help.

Scotland

Scotland uses Powers of Attorney under the Office of the Public Guardian (Scotland) system:

  • Continuing Power of Attorney: Money & property
  • Welfare Power of Attorney: Health & personal welfare
  • Combined Power of Attorney: Both

Apply by submitting relevant forms to the Scottish OPG.


Recommended reading:


Northern Ireland

In Northern Ireland, Enduring Powers of Attorney must be registered only when your attorney believes you are losing capacity. The process is handled through the Office of Care and Protection, which oversees registration and may review attorney conduct.

Lewis has repeatedly stressed the risk: “If you lose capacity, your family may be unable to pay care costs or access accounts.

"Without an LPA, the Court of Protection process is long, costly and stressful.”

Experts also warn that having an LPA and a documented will - and knowing your funeral wishes in advance - can save families thousands and avoid rushed decisions at emotional times.

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