If you’ve driven anywhere near Eastbourne, Seaford, Hailsham, Hellingly, or the back roads of Polegate lately, you know exactly what I’m talking about. It’s March 2026, and our roads currently look like they’ve been used for target practice by a heavy artillery division.
With over 3,700 pothole reports flooding into East Sussex County Council this month alone, we’re all playing a high-stakes game of "dodge the crater." One minute you’re cruising along, thinking about what’s for dinner, and the next: BANG: your suspension is shot, your tyre is shredded, and you’re stuck on the verge waiting for a recovery truck that’s probably also stuck in a pothole three miles away.
Go here to report a pothole!
As a professional Will writer based right here in the thick of it, I’ve started to notice a terrifying similarity between the state of our A-roads and the state of many people’s estate planning. Specifically, the lack of a Lasting Power of Attorney (LPA).
In my world, a sudden loss of mental capacity is the ultimate "legal pothole." It’s deep, it’s hidden until the last second, and if you hit it without the right protection, the damage to your finances and your family is a lot more expensive than a new set of alloys.
The January Surge: Why timing is everything
We saw a massive surge in pothole reports this January. Why? Because the weather turned, the rain got into the cracks, and the road surface simply gave up. Life is a bit like that. Things go along smoothly until a "weather event" happens: a stroke, a sudden diagnosis, or an accident.
When you hit a physical pothole in Hellingly, you might be looking at a few hundred quid for a repair. When you hit a legal pothole because you don't have an LPA for Finance and Welfare, the costs are astronomical.
I often tell my clients in Polegate and Eastbourne that an LPA isn't something you get when you’re "old." It’s something you get while you’re still "driving" effectively. Once you’ve hit the hole and lost capacity, it’s too late to fix the road. You’re already in the ditch.
"Blob and Go" Repairs: Why the cheap fix fails
I was reading about the "blob and go" repairs they’ve been doing around Hailsham lately. You know the ones: a quick patch of tarmac slapped into a hole while it’s still raining, only for it to be spat back out by a passing lorry two days later.
In the legal world, people try the "blob and go" approach to estate planning all the time. They might try a DIY kit they found online or think that "the bank will just let my spouse handle it."
Let me be blunt: it doesn't work.
If you lose capacity and you haven't set up a formal, registered LPA, your bank accounts (even joint ones, potentially) can be frozen. Your family can’t just "blob and go" their way into your mortgage account or talk to your doctor about your care. Without that legal document, they are locked out. They are standing on the edge of the pothole with a teaspoon of cold tarmac, and the Council (or in this case, the bank and the NHS) isn't going to let them near the repair.
The "Legal Suspension Repair" (aka The Court of Protection)
If you hit a deep enough hole on the road to Eastbourne, you’re going to need a specialist mechanic. If you hit the capacity pothole without an LPA, your family has to go to the Court of Protection.
I’m wary of anything that involves the words "Court" and "Protection" in the same sentence, mainly because it translates to "expensive" and "slow."
Applying for a Deputyship through the Court of Protection is the legal equivalent of a full suspension rebuild after hitting a crater at 60mph. It costs thousands of pounds in application fees, legal fees, and ongoing annual supervision fees.
Compare that to the cost of setting up an LPA with me. It’s like proactive road maintenance: filling the cracks before they become chasms. An LPA is a fraction of the cost and eliminates the need for your family to beg a judge for permission to pay your heating bill. I’ve seen families go through the legal mess of the Court of Protection, and believe me, it’s a road you don’t want to travel.
The 10-12 Week Waiting Game
One of the biggest frustrations with the East Sussex road crisis is the wait. You report the hole, and then you wait. And wait. And maybe a little yellow circle is painted around it, but nothing happens for weeks.
The Office of the Public Guardian (OPG), which handles LPA registrations, has its own version of this. Currently, even if we get your paperwork perfect on day one, there is a 10 to 12-week waiting game for registration.
This is why I’m constantly telling people in Polegate and beyond that you cannot wait until you think you need an LPA. If you wait until you’re starting to feel "a bit forgetful" or until a surgery is scheduled, you’re already too close to the edge. If you hit the pothole today, but your "repair kit" (the LPA) takes three months to arrive, you’re still stuck in the ditch for 90 days.
Why local expertise matters (and why I'm annoyed about the A22)
I live and work here. When I talk about the potholes in Hellingly, I’m talking about the ones I’ve had to swerve around myself. When it comes to your estate planning, you want someone who knows the local landscape.
I’ve built a reputation as the go-to expert for LPAs in Polegate because I don’t just fill out forms. I look at the whole "road map" of your life.
Are there family arguments brewing? We can fix that. Check out my thoughts on avoiding arguments over your Will. Are there business interests that need protecting? If you’re a business owner in Hailsham, hitting a capacity pothole doesn't just stop your car; it stops your company. I’ve written about how 3 ways to bankrupt your business actually requires zero effort: just a lack of planning.
The "Pothole Proof" Checklist
So, how do you make sure your legal "car" is roadworthy for the rest of 2026 and beyond?
- Don't ignore the cracks: If you haven't updated your Will or LPA since the 2025 budget changes, you’re driving on old tyres. See my Estate Planning Update 2025 for what's moved.
- Get both LPAs: There are two types: Property & Financial Affairs, and Health & Welfare. Getting one without the other is like replacing your front tyres but leaving the rears bald.
- Choose your "Mechanics" (Attorneys) wisely: Your attorneys are the people who will jump in the driver's seat if you can't. They need to be reliable, local if possible, and definitely trustworthy.
- Professional Registration: Don't rely on a DIY job. A mistake on an LPA form can lead to it being rejected by the OPG after you've already waited 12 weeks. That’s like the Council finally showing up to fix the hole but realizing they brought the wrong type of gravel.
It's time for a "free chat"
I know, I know. Thinking about Lasting Power of Attorney is about as exciting as looking at a spreadsheet of road maintenance budgets. But I promise you, it is essential. It is no longer optional in a world where the "legal suspension repair" costs are shooting up.
If you’re in Polegate, Hailsham, Eastbourne, or anywhere else in East Sussex, let’s get it sorted. I offer a legal planning checklist for families to help you see where the gaps are.
Don't wait until you're sitting on the side of the A22 with a broken car and a broken plan. My approach is friendly, casual, and: most importantly: proactive. I’ll help you navigate the legal bumps so you can focus on dodging the literal ones on the way to the shops.
Ready to pothole-proof your future?
Just get in touch for a free chat. We’ll look at your situation, talk through the options, and get your LPAs registered before the next "weather event" hits.
Contact Stephen Pett – The Professional Will Writer
Because while I can't fix the roads in East Sussex, I can certainly make sure your legal journey is a whole lot smoother.
Key Takeaways for 2026:
- 3,700 potholes reported in January: don't let your estate be the next statistic.
- 10-12 weeks is the current OPG registration time: start now.
- Court of Protection is the expensive, slow alternative to a proactive LPA.
- Local expertise matters when the "legal weather" gets rough.
Will you be ready when the road gives way, or will you be left waiting for a repair that’s too little, too late? The choice is yours, but I know which route I’d rather take.