What Happens If You Don't Have An LPA?

Most people assume that if something happens to them, their parents, husband, wife, partner, son, daughter or other family member will automatically be able to step in and manage things.

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Unfortunately, that is not always the case.

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If you lose the ability to make decisions for yourself and do not have a Lasting Power of Attorney (LPA) in place, your loved ones may face significant difficulties when trying to help you.

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This guide explains what can happen and why planning ahead matters.

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What Does "Losing Capacity" Mean?

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Mental capacity is the ability to make and understand decisions for yourself.

Someone may lose capacity due to:

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• Dementia or Alzheimer's disease

• A stroke

• A brain injury

• A serious accident

• Learning disabilities in certain circumstances

• Severe illness or mental health conditions

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Loss of capacity may be temporary or permanent.

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What Happens To Your Money?

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Without a Property and Financial Affairs LPA, your family may not be able to:

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• Access your bank accounts

• Pay your bills

• Manage your mortgage or rent

• Deal with pensions and benefits

• Sell or manage your property

• Handle financial matters on your behalf

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Even if your family knows exactly what you would want, they may have no legal authority to act.

This can create serious problems if regular payments need to be made or urgent financial decisions are required.

What Happens To Decisions About Your Care?

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Without a Health and Welfare LPA, important decisions may need to be made by healthcare professionals and others involved in your care.

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These decisions could include:

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• Where you live

• The care you receive

• Medical treatment

• Day-to-day support arrangements

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Your family will usually be consulted, but they may not have the final say.

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An LPA allows you to choose who you want to speak for you if you are unable to speak for yourself.

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Can My Parents, Husband, Wife or Children Just Take Over?

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This is one of the most common misunderstandings.

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Many people believe that a spouse or adult child automatically has authority to make decisions on their behalf.

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In reality, this authority does not automatically exist simply because someone is a family member.

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Without an LPA, there may be limits on what your loved ones can do.

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What Is Deputyship?

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If a person has already lost capacity and does not have an LPA, family members may need to apply to the Court of Protection for a

Deputyship Order.

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A Deputy is someone appointed by the court to make decisions on behalf of another person.

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This process can:

• Take several months

• Involve court fees

• Require ongoing reporting and financial responsibilities

• Create additional stress during an already difficult time

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A Deputyship Order can be extremely important where no LPA exists, but it is generally more complicated than putting an LPA in place before capacity is lost.

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A Real-Life Example:

Imagine a person suffers a sudden stroke and loses capacity. Their daughter wants to:

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• Access their bank account to pay bills

• Deal with their mortgage

• Manage their finances while they recover

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Without an LPA, she may not have the legal authority to do any of these things immediately.

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At a time when the family is already worried about their loved one's health, they may also face legal and administrative challenges.

An LPA can help avoid these difficulties.

Peace of Mind for You and Your Family

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Creating an LPA is not about expecting something bad to happen. It is about being prepared.

An LPA allows you to:

✓ Choose who will make decisions for you

✓ Protect your wishes

✓ Reduce stress for your family

✓ Avoid unnecessary delays and complications

✓ Maintain control over who acts on your behalf

Key Message

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The best time to put an LPA in place is while you are healthy and able to make your own decisions.

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Once capacity has been lost, it may be too late to create one.

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Planning ahead today could make a huge difference to the people who care about you tomorrow.