Taking control of your future: The importance of Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs) allow you to appoint someone you trust to make decisions on your behalf if you are no longer able to do so.

While many people assume this is something to think about later in life, the reality is that loss of capacity can happen at any time, whether through unexpected illness, injury, or a longer-term diagnosis. Putting LPAs in place sooner rather than later ensures your wishes are protected and avoids unnecessary stress for your loved ones.

If you lose capacity to make decisions and don’t already have LPAs in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf, which can be costly, time-consuming, and may limit control over decisions about your finances and care. Putting LPAs in place now means there is no delay when help is needed.

How do LPAs work?

There are two types of LPA: one covering financial decisions and the other health and care decisions, and you can choose to make one or both.

Property and financial affairs LPA

This type of LPA allows your attorney(s) to manage your finances, including paying bills, handling bank accounts, and dealing with property.

It must be registered with the Office of the Public Guardian (OPG) before it can be used, and registration can take time. By setting this up early, you avoid delays at a point when urgent decisions may be needed.

Once registered, it can be used with your consent while you still have capacity, or if you lose capacity in the future.

Health and welfare LPA

This LPA covers decisions about your care, medical treatment (including life sustaining treatment if you chose to include this), and day-to-day wellbeing, such as where you live and your daily routine.

Again, this type of LPA must be registered with the OPG but it can only be used if you are unable to make these types of decisions yourself. Having it in place early ensures that, if the unexpected happens, someone you trust is ready to step in immediately.

Who can you appoint as your attorney?

Your attorney should be someone you trust to act in your best interests. This could be a family member, friend, or a professional such as a lawyer.
You can appoint more than one attorney and decide how they work together. Choosing the right person or people early, and talking to them about your wishes, means they are prepared and understand your values and preferences if they ever need to act.

When can the attorney act?

An LPA must be registered before it can be used.

Property and financial affairs LPA: can be used with your consent or if you lose capacity

Health and welfare LPA: only used if you lack capacity

You may have capacity to make decisions about some matters and not others.

Attorneys must always act in your best interests and follow legal principles. The OPG provides guidance for attorneys acting under LPAs: https://www.gov.uk/government/publications/how-to-be-an-attorney.

Can you change your mind once the LPA is in place?

Yes. As long as you have capacity, you can cancel your LPAs or make new ones at any time.

You can also appoint replacement attorneys to step in if your original choice is unable to act. Planning ahead in this way adds an extra layer of security.

Putting LPAs in place early is one of the simplest and most effective ways to protect yourself and your loved ones. Waiting until they are needed may be too late.

Contact our Wills & Probate team today to ensure you receive expert, regulated advice tailored to your individual circumstances.

Is your will still right for you?

This Update Your Will Week (2nd – 8th March 2026), we are proud to support The Association of Lifetime Lawyers in raising awareness about the importance of both making a will, as well as keeping your will up to date if personal circumstances change. A will is far more than just a legal document. It captures your wishes, protects your loved ones, and safeguards the legacy you want to leave behind.

Modern families are changing rapidly, and people often wrongly assume that their loved ones will be automatically taken care of. However, without clear and legally valid instructions, families and partners can face uncertainty, distress, and even costly disputes – often discovering too late that assumptions do not provide protection under the law and can have serious consequences.

Why updating your will matters

Your will ensures that your money, property, and personal possessions pass to the people you choose. If you have children under the age of 18, you can also appoint legal guardians in your will. And if you have pets, you can decide who will look after them after your passing. But when did you last review yours?

If your will is not up to date or you don’t have a will

• Your estate may be distributed under the intestacy rules, which might not reflect your wishes or your family’s needs.
• Loved ones could face unnecessary stress, delays, or legal disagreements at an already difficult time.

Your will should be treated as a living document – evolving as your circumstances change. Regular reviews aren’t a luxury; they’re an essential part of protecting the people you care about.

When should you update your will?

It’s best practice to review your will every five years or after any major life event, such as:

• Getting married or entering a civil partnership
• Getting divorced or dissolving a civil partnership
• Becoming a parent or grandparent
• Buying a home or changing your financial situation
• Losing a loved one
• Starting a business
• You or a beneficiary obtaining a Gender Recognition Certificate

Need to make or update your will?

If it’s been a while since you last looked at your will – or you don’t have one yet – now is the time to take action.

At Browell Smith & Co our Accredited Lifetime Lawyers offer specialist expertise in later-life legal matters. We can help families put clear, legally robust arrangements in place that reflect real lives.

We aim to provide personalised support with care, empathy, and attention to detail, ensuring your wishes are clearly documented and legally protected. Don’t wait until it’s too late, ensure your future wishes are in place today.

If you need to make or update your will, contact our team for expert advice.

The Importance of Making a Will at Christmas: A Gift of Peace and Goodwill

As the twinkling lights of Christmas brighten our homes and the aroma of festive treats fills the air, it’s easy to get caught up in the hustle and bustle of the season. Between picking out the perfect Christmas presents, preparing meals, and enjoying time with loved ones, it’s a time filled with joy, laughter, and celebration.

But amidst the holiday cheer, there’s one thoughtful “gift” we often forget to give ourselves and our loved ones, the peace of mind that comes from making or updating your will.

Christmas is all about giving, and what better gift could you offer than the gift of security, clarity, and love? By planning your estate and securing your legacy, you’re giving your family the gift of certainty, something truly priceless that will last long after the Christmas decorations come down.

1. A Legacy of Love and Care

Christmas is the season of giving, and what better way to show your love than by securing your legacy? Whether it’s a luxurious Rolex watch, a dazzling diamond ring, or a treasured family heirloom, these gifts are often more than just material items, they carry significant sentimental value and emotional weight.

Imagine giving or receiving a Rolex watch this Christmas that will be cherished for years to come. Or perhaps it’s a diamond ring, passed down as a symbol of family love and tradition. These gifts may not just represent a financial value, but a lasting memory and legacy.

Now, imagine this: If something were to happen to you, would your loved ones know what to do with these meaningful gifts? A well-crafted will ensures that these items, as well as everything you’ve worked for, are passed on exactly as you intend safeguarding both their monetary and emotional value. Without a will, items like your treasured watch or diamond ring could lead to confusion or even disputes among family members, something no one wants to face at a time of loss.

By making your will part of your Christmas plans, you’re offering a gift that ensures these precious items continue to tell your story for generations to come.

2. Providing Peace of Mind This Christmas

Christmas is a time to relax and enjoy the company of family and friends. However, knowing your affairs are in order can give you the ultimate peace of mind, allowing you to focus on what really matters: creating memories, sharing laughter, and celebrating the season.

Whether you’re planning to give a gift to someone special this year, or simply want to ensure your estate is distributed according to your wishes, a will gives you the gift of peace. You’ll know that your loved ones won’t have to worry about the “what ifs” in the future because you’ve already laid out your wishes in a legally binding document.

Instead of worrying about what might happen if you don’t plan ahead, you can enjoy your Christmas with the certainty that your legacy is secure.

3. Spreading the Spirit of Goodwill

Christmas is all about goodwill, showing kindness and generosity to others. By making a will, you’re spreading that goodwill not only to your family but also to your favourite causes, charities, or even friends.

Including valuable items in your will ensures that the person receiving them will cherish them, just as you intended. Whether it’s a family heirloom, a luxury item like a designer watch, or a cherished piece of jewellery, your will protects your legacy and ensures that your loved ones enjoy your gifts long after the festive season ends.

And don’t forget, Christmas is a wonderful time to consider including a charitable donation in your will. The season of giving extends beyond family and friends, it’s also a time to spread goodwill to the causes that matter most to you. What better way to make a difference in the world than by leaving a lasting legacy that continues to give after you’re gone?

4. Christmas is the Perfect Time to Review Your Will

Christmas is a great time to review and update your will. Have you recently acquired new valuables? Or perhaps you’ve experienced a significant life change, like the addition of a new family member? These milestones are the perfect opportunity to ensure your will reflects your current wishes.

Updating your will is a thoughtful way to ensure that, just like your Christmas gifts, your legacy is tailored to your current life and circumstances. So, take a moment this festive season to make sure everything is in order.

5. The Role of Professional Advice

While the idea of writing a will may seem overwhelming, seeking professional advice can make the process straightforward and stress free. A solicitor can help ensure that your will is legally sound, that your estate is distributed according to your wishes, and that your other valuables are handled with care.

During this festive season, when you’re surrounded by family and love, it’s the perfect time to give yourself the gift of certainty. Professional legal advice ensures that your will is properly drafted, so you can enjoy Christmas with peace of mind knowing that your wishes are secure.

A Will is the Gift that Keeps on Giving

As we celebrate the Christmas season, we’re reminded of the things that truly matter; love, family, and the future. Making or updating your will is one of the most thoughtful gifts you can give to your loved ones, making sure your wishes are honoured and that your family is spared the emotional and financial stress of navigating a complex estate.

Your legacy is more than just the material things you leave behind it’s the thoughtfulness and care you put into making sure your loved ones are taken care of. This Christmas, give the gift of security, peace of mind, and goodwill ensuring your legacy is cherished long after the festive season is over.

Like help creating or updating your will, our team at Browell Smith & Co is here to assist. Contact us today to ensure that your gifts, both big and small, are passed on exactly as you intend.