What happens if you don’t have a Lasting Power of Attorney?

If you lose capacity—through illness, injury, or otherwise—and have not created a Lasting Power of Attorney:

Someone wishing to act on your behalf may need to apply to the Court of Protection to be appointed as your Deputy.
A Deputy does have similar responsibilities to an Attorney, but they must act within the specific authority set by the Court of Protection. An order by the Court of Protection is less flexible than creating a Lasting Power of Attorney, as it may be limited to allowing Deputies to make only certain decisions on your behalf.
The Court of Protection may require multiple applications to be made (each with its own separate costs) if multiple decisions are needed in relation to your personal affairs.
The application to the Court of Protection would likely be funded from your own personal resources. Not only is it a lengthy process, but it can also be very costly.
You will have no control over who makes this application on your behalf, and your Deputy could be someone you would not wish to manage your affairs.
Although the Court of Protection will assess an applicant’s suitability for the role, it could mean that people you do not know may end up making crucial decisions for you—for example, decisions relating to life-sustaining treatment (including end-of-life care), what you wear, who you see, and even what you eat.
You may be left without anyone able to manage your affairs while the application is being processed. During this period, nobody can act for you, and no decisions regarding your personal affairs can be made on your behalf until the court has finalised the application.

It is important to note that you can only make a Lasting Power of Attorney while you still have mental capacity. We recommend having your Lasting Powers of Attorney completed and registered well in advance of them being required.

How Churchers can help

At Churchers, we can guide you through the process of creating and registering your Lasting Powers of Attorney, ensuring your wishes are protected and that those you trust are appointed to make decisions on your behalf. Our experienced team can provide clear advice, handle the paperwork, and give you peace of mind that everything is in place for the future. Call us on 01329 822333

https://www.churchers.co.uk/services-individuals/managing-your-affairs-lpa-plus-court-of-protection/