Without an LPA your family may need to apply to the Court of Protection to become a deputy. This article explains the process, costs and how to protect your future.
Planning for the future can feel uncomfortable, but not having a lasting power of attorney can make a difficult situation much harder for you and your family. If you lose capacity and no LPA is in place, people close to you cannot legally manage your money or make certain decisions about your care without going through court. This article explains what happens, the deputyship process in England and Wales, practical steps to take now, and how to avoid this outcome.
Why an LPA matters
An LPA is the simplest way to give trusted people legal authority to act for you if you lose the ability to make decisions. There are two types: a financial decisions LPA and a health and welfare LPA. If you do not have either, family members cannot access bank accounts, pay bills, sell property, or make healthcare decisions on your behalf without formal court permission.
What happens if you do not have an LPA?
If you lack capacity and no LPA exists, someone will need to apply to the Court of Protection to be appointed as a deputy. Deputies have powers similar to attorneys but the process is longer, more expensive, and the court closely supervises the role. You cannot create an LPA after you have lost capacity, so the deputyship route is the only legal option for relatives or friends in many cases.
Applying to be a deputy
To apply you must submit an application to the Court of Protection, including medical evidence that the person lacks capacity, and detailed information about finances or welfare needs. The court will assess who is appropriate to act and may hold a hearing. The application is an administrative legal process and the court aims to protect the person who lacks capacity, not to favour any particular family member.
Costs, timescales and supervision
Deputyship applications typically incur fees payable to HM Courts and Tribunals Service, often around £800 for both types of deputyship, with additional court fees if a hearing is required which can start from about £500. The Office of the Public Guardian then supervises deputies and requires regular reports. Timescales vary, but deputyship applications commonly take many months. At the time of writing some cases are taking over a year.
Immediate actions if someone has lost capacity
- Contact the GP to obtain medical evidence of loss of capacity, which the court will require.
- Speak with banks and service providers to explain the situation. Some providers may offer temporary arrangements, but they cannot give full access without a legal power.
- Gather financial records, benefit information and details of property or investments, as these will be needed for any court application.
- Consider taking legal advice. A solicitor experienced in Court of Protection work can guide you through the application and reporting obligations.
How to avoid the need for deputyship
The best way to prevent your loved ones facing a deputyship application is to make LPAs now while you have capacity. LPAs are registered with the Office of the Public Guardian and can be set up to take effect immediately or only if you lose capacity. They are simpler, typically cheaper and far less intrusive than court supervision.
Choosing attorneys
Pick people you trust, and talk through your wishes with them. You can appoint more than one attorney and set rules about how they should make decisions. You can also include replacement attorneys and specify whether attorneys should act jointly or independently. Clear instructions reduce the chance of disputes and make life easier for everyone if something happens to you.
If you would like help making an LPA, our team can guide you through the options and handle registration. Find out about our Lasting Power of Attorney service.
If you are facing a deputyship application and need advice, we can help you understand the process and your responsibilities. Get in touch with Beneficial Family Wills for a confidential discussion.
Other useful links and services
For official guidance on applying to be a deputy, see the government page on applying to become a deputy: gov.uk - apply to become a deputy. For information about LPAs and registration, visit the Office of the Public Guardian pages or speak to an adviser.
Making an LPA is one of the most effective ways to protect your future and spare your family time, stress and cost. If you are also thinking about wills or trusts, we can help with those too. Learn about our will-writing services and how trusts could help your estate plan.
To discuss options, book an appointment or get a quote, contact our team. We can help you take practical steps today to avoid court proceedings tomorrow.
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