What Happens Without an LPA?

Many people assume that a spouse, child, or close family member can automatically manage their finances or make decisions about their care if they lose mental capacity. In England and Wales, that assumption is often wrong.

Without a Lasting Power of Attorney in place, family members have no automatic legal authority to access bank accounts, manage property, or make decisions about care or medical treatment. It does not matter how close the relationship is.

Where capacity is lost without an LPA in place, an application will usually need to be made to the Court of Protection to appoint a deputy. That process can take several months, involves court fees and legal costs, and may delay urgent decisions at an already difficult time.

A Lasting Power of Attorney allows you to choose in advance who you trust to act for you — before capacity is lost and before it is too late to make that choice.

At MJV Solicitors, we advise clients on putting Lasting Powers of Attorney in place so the right person has the legal authority to step in when it matters.

FAQ

Can my family make decisions for me without an LPA?
Not automatically. Without an LPA, they have no legal authority to act.
What happens if I lose capacity without an LPA?
An application to the Court of Protection is usually required, which takes months and involves additional cost.
Is it too late to make an LPA if I am already unwell?
An LPA can only be made while you still have mental capacity. Once capacity is lost, it is too late.

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.