LPA myths and misconceptions
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Nearly every family that ends up at the Court of Protection believed one of these.
"As next of kin, I can decide"
Next of kin is not a legal status in England and Wales. It means someone the hospital will telephone. It gives no power over bank accounts, property or treatment decisions. See what happens if you have no LPA.
"We are married, so it is automatic"
Marriage gives no authority over your spouse's sole accounts, pension or property share. See do I need an LPA if I am married.
Other myths worth clearing up
| Myth | Reality |
|---|---|
| My will covers it | A will only takes effect on death. An LPA works while you are alive. |
| An LPA gives away control now | You keep making your own decisions while you have capacity. |
| Only old people need one | Accident and illness are not age-limited; capacity can be lost at any age. |
| A joint account is enough | Banks can restrict a joint account if one holder loses capacity. |
| It must be done by a solicitor | There is no legal requirement. See do I need a solicitor. |
| It is valid as soon as I sign | It must be registered by the OPG before it can be used. |
Common questions
Can my family get access to my accounts in an emergency?
Not without an LPA or a court order. Banks are obliged to protect your money, which in practice means freezing access.
Does the hospital have to follow my family's wishes?
Without a Health & Welfare LPA, family are consulted but the decision sits with the clinical team under a best-interests process.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Answer five quick questions to check the service suits you, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group