I’ve spent over 25 years in this industry, and if there’s one thing I’ve learned, it’s that people are spectacular at "leaving it for tomorrow." But when it comes to Lasting Powers of Attorney (LPAs), "tomorrow" usually arrives in the form of an accident, unexpected stroke, a dementia diagnosis, or a nasty fall.
Suddenly, children and carers are left frantically rifling through dusty filing cabinets or looking for a "Will" that doesn’t actually help with bank accounts or hospital decisions. In my opinion, the most stressful question a family can face isn’t "what’s in the Will?"; it’s "does Mum actually have an LPA, and if so, where on earth is it?"
If you’re a carer or a child looking after an ageing parent, you need to know if that paperwork exists. If it doesn’t, you’re about to walk into what I call the Deputyship Trap. (Spoiler: It’s expensive, slow, and about as much fun as a mouthful of root canals.)
The "Secret" Tool: How to Find a Missing LPA
Before you panic, there is a way to check if an LPA is already registered. The government actually provides a service for this, and it’s one of the few free things left in the legal world.
You can use the official GOV.UK search tool to ask the Office of the Public Guardian (OPG) if your loved one has an attorney or deputy acting for them.
How it works:
- You fill in a form (OPA064).
- You email it to the OPG.
- They check the registers for any Lasting Powers of Attorney, Enduring Powers of Attorney, or Deputyship orders.
- They usually get back to you within five working days. (Which is lightning speed for a government department, if we're honest.)
I always tell my clients in Polegate and Eastbourne to use this first. If a document does exist, it saves you a world of hurt. If it doesn't? Well, then we need to talk, and we need to talk fast.
LPA vs. Deputyship: The Nightmare You Want to Avoid
If you find out there is no LPA in place and your loved one has already lost the "mental capacity" to make their own decisions, you can’t just make one retrospectively. That ship has sailed.
Instead, you have to apply to the Court of Protection to become a "Deputy." I’m wary of anything that involves the Court of Protection unless it’s absolutely necessary, and here’s why:
- The Cost: Setting up an LPA with a professional Will Writer typically costs a few hundred pounds plus the registration fee (currently around £92 per document in 2026). Deputyship? You’re looking at a £421 application fee per type (Property/Finance and Health/Welfare), a £100 assessment fee, and potentially a £259 hearing fee.
- The Annual "Subscription": Unlike an LPA, which is a one-off setup, Deputyship comes with an annual supervision fee (up to £320 a year) and a security bond. It’s the gift that keeps on taking. The chances are that (at best) you will be allowed to be Mum's Finance Deputy, but any Health or Welfare decisions will be made (at a cost) by the Court. That assumes the Court doesn't decide to appoint a solicitor rather than you.
- The Speed (or lack thereof): An LPA takes about 10 weeks to register. A Deputyship application can crawl along for six to nine months, during which time bank accounts stay frozen and decisions stay unmade, unless you pay for an Emergency Order each time – at a cost.
In my view, skipping an LPA to "save money" is like skipping car insurance because you haven't crashed yet. It’s a seriously bad move.
Why Children and Carers Need to be Proactive
I often see children who are hesitant to bring up LPAs with their parents because it feels "morbid" or like they’re "taking over."
Actually, it’s the opposite. Having an LPA is an act of kindness toward your children. It’s saying, "I’ve made it easy for you to help me if things go wrong."
As a carer, you’re already under enough pressure. Dealing with social services or banks without the legal authority to do so is a recipe for a breakdown. I’ve seen families unable to pay for care home fees, even when the money is sitting right there in the parents' account, simply because no one had the "legal keys" to the bank.
The Professional Difference: Why "DIY" is Risky
I know what you’re thinking: "Can’t I just do the forms myself online?"
Well, you can. You can also pull your own teeth with a pair of pliers, but I wouldn’t recommend it. (Cue the distant cheering from the Office of the Public Guardians rejection department.)
The OPG is incredibly picky. A simple mistake in the "order of signing" or a witness with a shaky hand can lead to your application being rejected months after you sent it. If that happens when the person is on the verge of losing capacity, you might miss your window entirely and fall straight into the Deputyship Trap.
At The Professional Will Writer, I bring over 25 years of experience to the table. I’ve seen every mistake in the book and a few new ones besides. I’m based in Polegate and cover Eastbourne, Hailsham, and Seaford. I offer a sensibly priced professional service that ensures your LPAs (and your Will) are bulletproof.
I don't just "fill in forms." I help you think through who should be your attorneys, what "preferences" and "instructions" you should include, and how to protect your assets from being swallowed up by the wrong people. Most people won't have a clue if they DIY.
Don't Wait for the Crisis
If you’re a child or carer in East Sussex, do yourself a favour:
- Check the OPG register today.
- If the answer is "nothing found," have that awkward conversation with your loved one.
- Give me a call.
We can have a free initial chat over the phone or via video. If you’re local to Polegate, I can even arrange a home visit. It’s about planning ahead sensibly and affordably so you can get back to what matters: looking after each other.
Is your family protected, or are you one "bad day" away from a legal mess? Let's get it sorted.
Need a Free Will Review or a chat about LPAs?
Contact Stephen Pett at The Professional Will Writer.
Call 01323 766766 or visit our website.
With over 25 years of experience, we make the complex simple.