Planning Major Surgery? Why You Need an LPA First

You have a surgery date. You have met the surgeon. You know the risks. You have signed the consent forms. But there is one thing most people forget to do before they go under general anaesthetic:

Set up a Lasting Power of Attorney.

It is not something the hospital will remind you about. It is not on the pre-op checklist. But if something goes wrong during your operation — if you end up in intensive care, in a coma, or with complications that leave you temporarily unable to make decisions — an LPA is the only thing that gives your family the legal power to act on your behalf.

Without it, they are stuck. The bank will not let them pay your mortgage. The doctors will make medical decisions without your family's input. And your loved ones will be left feeling helpless at the worst possible time.

Set Up Your LPA Before Surgery — Just £74 →

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Why Surgery Creates a Vulnerability

Most of us think of mental incapacity as something that happens gradually — dementia, old age. But surgery can create sudden, temporary incapacity that catches families completely off guard.

General Anaesthetic

When you go under general anaesthetic, you are unconscious. You cannot make decisions. In most cases, you wake up a few hours later and everything is fine. But "most cases" is not all cases.

Complications That Can Extend Incapacity

Post-operative delirium — confusion lasting days or weeks after surgery, especially common in patients over 60
Stroke during surgery — a rare but real risk that can leave you unable to communicate
Extended ICU stay — if complications arise, you may be sedated for days or weeks
Adverse reactions — to anaesthetic, medications, or blood transfusions
Infections — serious post-operative infections can cause sepsis and confusion

In any of these scenarios, you cannot make decisions about your finances or your healthcare. Someone else needs to step in. But who?

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What Happens Without an LPA During Surgical Complications

Your Finances Go Unmanaged

While you are in hospital recovering from complications:

Your mortgage or rent still needs paying. The bank will not let your partner access your sole account.
Your bills keep coming. Direct debits may bounce if your account runs low and no one can top it up.
Your business may need decisions. If you are self-employed or a business owner, there is no one with authority to act.
Insurance claims may need filing. Particularly if the surgery relates to an accident or workplace injury.

Your partner, no matter how long you have been together, has no automatic legal right to manage your money. Even married couples cannot access each other's sole bank accounts without proper legal authority.

Medical Decisions Are Made Without Your Family

If you are in ICU and cannot communicate:

Doctors will make decisions based on their clinical judgement and what they believe is in your "best interests"
Your family will be consulted but they have no legal authority to direct your care
If your family disagrees with a treatment decision, their only option is to go to court — while you lie in a hospital bed

With a Health and Welfare LPA, your chosen attorney can:

Consent to or refuse medical treatment on your behalf
Decide on your care plan
Ensure your wishes and preferences are followed
Make decisions about life-sustaining treatment (if you include this power)

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The Two LPAs You Need Before Surgery

Property and Financial Affairs LPA

This covers everything financial while you are incapacitated:

Managing your bank accounts
Paying your mortgage, rent, and bills
Handling insurance matters
Managing your business interests
Dealing with your employer about sick pay and benefits

Key benefit: This LPA can be used as soon as it is registered, even before you lose capacity. So your attorney can handle finances while you focus on recovery, even if you are physically unable to get to the bank.

Health and Welfare LPA

This covers all medical and care decisions:

Consenting to or refusing treatment
Deciding on your care and rehabilitation plan
Choosing where you receive care
Making decisions about life-sustaining treatment

Key benefit: Your attorney can advocate for you with medical staff, ensuring your known wishes are followed.

At myLPA, each LPA costs just £74 — the cheapest in the UK. Both LPAs for £140 plus OPG registration fees. A tiny price for enormous peace of mind before you go into surgery.

Get Both LPAs Before Your Surgery →

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But My Surgery Is Soon — Is There Time?

Here is the reality: an LPA needs to be registered with the Office of the Public Guardian (OPG) before it can be used, and registration currently takes 8 to 12 weeks.

If your surgery is further away than that, you have time to get it fully registered. Start now.

If your surgery is sooner, you should still create your LPA immediately. Here is why:

The LPA is a signed legal document — even before registration, it demonstrates your wishes

Registration can proceed while you recover — if all goes well, it will be registered by the time you are back on your feet

If complications arise, your family can apply for emergency registration or use the signed LPA to support a Court of Protection application (which will be much faster with an LPA already prepared)

The worst thing you can do is nothing. Start the process today — it takes just 15 minutes to complete the forms with myLPA.

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What About the Consent Forms I Signed at the Hospital?

Hospital consent forms are not the same as an LPA. They cover:

Your consent to the specific procedure
Your understanding of the risks
Sometimes, your wishes about resuscitation

But they do not:

Give anyone authority to manage your finances
Give anyone legal authority to make ongoing medical decisions if you cannot
Cover situations the surgical team did not anticipate
Apply beyond the immediate procedure

An LPA is broader, more powerful, and covers any situation where you lack capacity — not just the surgery itself.

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Real Scenarios: Why Surgery Patients Wish They Had an LPA

The Hip Replacement That Went Wrong

Margaret, 68, went in for a routine hip replacement. During recovery, she developed a serious infection that led to sepsis. She spent three weeks in ICU, sedated and unable to communicate. Her husband could not access her pension to pay the household bills. Their energy supplier threatened disconnection. It took four months to sort everything out through the Court of Protection.

The Heart Surgery Complication

David, 55, had planned heart bypass surgery. He suffered a stroke during the operation, leaving him unable to speak or write for two months. His wife could not manage his business, pay staff wages, or make decisions about his rehabilitation. A Court of Protection application cost them over £3,000 and took five months.

Both situations could have been handled immediately with registered LPAs in place.

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Your Pre-Surgery LPA Checklist

Complete your LPAs online — both Property & Financial and Health & Welfare (15 minutes with myLPA)

Choose your attorneys — your spouse/partner, an adult child, or a trusted friend

Name replacement attorneys — in case your first choice cannot act

Find a certificate provider — someone who knows you well, or a professional

Sign the documents — with your witness present

Send for registration — submit to the OPG with the £82 fee per LPA

Tell your attorneys where the documents are stored

Inform the hospital that you have LPAs in place (they can note it on your file)

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Frequently Asked Questions

Do I really need an LPA for routine surgery?

Any surgery under general anaesthetic carries a small risk of complications. An LPA is not about expecting the worst — it is about being prepared for it. At £74 per LPA, it is a small price for peace of mind.

Can my spouse make decisions for me anyway?

No. Being married does not give your spouse automatic legal authority over your finances or medical decisions. Without an LPA, they cannot access your bank accounts, and they have no legal right to direct your medical care.

What if I only have a few weeks before surgery?

Start your LPA now. Even if registration is not complete before your surgery date, having a signed LPA document shows your wishes and makes any emergency court application much faster and cheaper.

How much does an LPA cost?

Each LPA costs just £74 with myLPA — the cheapest in the UK. The OPG registration fee is £82 per LPA. Total for both LPAs: £304. Compare that to a Court of Protection application at £1,000-£5,000+.

Is this just for older patients?

No. Surgery complications can affect anyone at any age. In fact, younger patients are often the least prepared because they do not think it can happen to them.

Can I set up an LPA from hospital?

You can complete the forms online from anywhere, including a hospital bed. However, you will need to arrange signing and witnessing, which requires people to be physically present. It is much easier to do this before you are admitted.

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Do Not Go Into Surgery Unprotected

You have done everything else to prepare. You have followed the pre-op instructions. You have arranged time off work. You have stocked the fridge for your recovery.

Now do the one thing that actually protects your family if something goes wrong.

Set up your LPA. It takes 15 minutes. It costs £74. And it could be the most important thing you do before your operation.

Protect Your Family Before Surgery — Start Now →

*myLPA is the UK's most affordable LPA service at just £74 per LPA. Complete our simple online process in 15 minutes. Questions? Call us on 0333 049 5033.*

Planning Major Surgery? Why You Need an LPA First