Business LPAs – Why You Should Have Them

Claire Richards • July 15, 2025

Why You Should Have Business LPAs in Place

As a director of a limited company, setting up Business Lasting Powers of Attorney (LPAs) is a smart, proactive way to protect both your business and your personal interests. Here’s why it’s important:


1. Maintain Business Continuity



If you were to lose mental capacity (due to illness, accident, or stroke), you would no longer be legally able to act as a company director. This could leave your business exposed - especially if you're the sole director or a key decision-maker. A Business LPA ensures someone you trust can legally step in to make decisions and keep operations running smoothly.


2. Avoid Costly Delays


Without an LPA, your business partners or staff cannot just "take over." They would need to apply to the Court of Protection to gain control, which can take months and cost thousands. In the meantime, your business could suffer serious disruption - missed contracts, frozen bank accounts, or lost clients.


3. Separate Business from Personal Affairs


You may already have a personal LPA, but a Business LPA is distinct and focused solely on your company interests. It allows you to appoint someone with appropriate knowledge or expertise (like a co-director, accountant, or solicitor) to act in your business capacity only.


4. Protect Stakeholders and Employees


If you're a key player, your incapacity could jeopardise staff salaries, supplier contracts, or shareholder value. A Business LPA protects the livelihood of everyone connected to your company.


5. Demonstrates Good Governance


Having a Business LPA in place shows foresight, professionalism, and responsible corporate governance—something clients, investors, and insurers increasingly value. 


⚠️ Important Note:


Your company’s Articles of Association and shareholder agreements should be reviewed alongside setting up a Business LPA to ensure there are no restrictions on attorneys stepping in, and to define what happens in the event of incapacity

 

If you would like a free consultation about establishing a Business LPA for your business interests, please do not hesitate to contact me: Claire Richards, Dorset Coast Wills Limited 01202 985081 or use this link to book an appointment: https://calendly.com/clairerichards/60min

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