There is a common myth that a “Next of Kin” has automatic legal rights to handle your affairs. It makes sense why we believe this—after all, we are asked to name a next of kin on almost every piece of paperwork we sign. Why wouldn’t they be able to step in?
However, the reality is very different, and understanding this distinction is vital.
My name is Azra, I am a Private Client Solicitor here at Martin Kaye Solicitors. In this article, I’ll briefly dive into why the “Next of Kin” status isn’t the legal safety net people think it is, and why a Lasting Power of Attorney (LPA) is a non-negotiable for every adult.
What is a Lasting power of Attorney?
Many people believe you only need an LPA once you begin losing capacity. In truth, these documents must be created while you have full capacity. Think of an LPA as “disability insurance” for your legal rights; it ensures the people you trust most are in the driver’s seat if you can no longer steer.
The Two Types of Protection
- Property & Financial Affairs
Covers buying/selling property, paying bills, and managing investments. This can be used as soon as it is registered, provided you give your consent.
- Health & Welfare
Covers your daily routine, medical care, and life-sustaining treatment. This can only be used if you lose mental capacity.
The Alternative: The Court of Protection
If you lose the ability to make decisions and don’t have an LPA in place, your spouse or children cannot automatically manage your bank accounts or medical care. Instead, they must apply to the Court of Protection for a “Deputyship Order.”
Without an LPA, your loved ones face a process that is:
- Expensive – Legal and application fees can run into thousands of pounds.
- Slow – It can take many months (sometimes up to a year), leaving your finances in limbo.
- Intrusive – The Court, not you, decides who is appointed to manage your affairs.
The Takeaway
You wouldn’t want your loved ones to face these hurdles and expenses simply because of a common assumption. An LPA is a simple document that prevents a complex future.
If you haven’t created your LPA, or haven’t reviewed your existing one in the last few years, now is the time.
If you have any questions or wish to nominate your Lasting Power of Attorney, please contact our Wills & Probate team on 01952 272222 or wills&probate@martinkaye.co.uk
