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 do not automatically have legal authority to access bank accounts, manage property or make decisions about care or medical treatment simply because of their relationship to you.

If capacity is lost without an LPA in place, an application will usually need to be made to the Court of Protection for someone to be appointed as a deputy. That process can take several months, involve court fees and legal costs, and delay important decisions at an already difficult time.

This is why putting an LPA in place while you still have capacity can be so important. It allows you to choose in advance who you trust to act for you and gives that person clear legal authority when required.

It is also important to think carefully about who you choose as your attorney and to understand what an attorney can do once the LPA is in force.

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

For a wider explanation of how LPAs work, read our guide to Lasting Powers of Attorney.