What Happens If You Don’t Have an LPA? A Guide to Deputyship and the Court of Protection

Let’s be honest for a second: nobody likes thinking about a time when they might not be able to make their own decisions. It’s one of those "it’ll never happen to me" topics that we tend to shove to the back of the drawer, right next to the instruction manual for the air fryer we never use.

But here’s the reality. Life has a funny way of throwing curveballs. Whether it’s a sudden illness, an accident, or the gradual onset of something like dementia, there may come a time when you can’t manage your own bank account or decide on your medical treatment.

Most people assume that if the worst happens, their spouse, partner, or children can just step in and take over. It makes sense, doesn't it? They’re your family. Unfortunately, the law doesn't see it that way.

Without a Lasting Power of Attorney (LPA), your loved ones are often left locked out of your affairs. To get back in, they have to navigate a complex, expensive, and frankly exhausting system called Deputyship via the Court of Protection.

At Secure Wills, I’ve seen firsthand how much stress this causes families. So, let’s break down exactly what happens if you don’t have an LPA, and why Deputyship is the "plan B" you really want to avoid.

The Big Myth: "My Next of Kin Can Handle It"

I hear this all the time. "Oh, Andy, I don't need a Lasting Power of Attorney. My wife is my next of kin, she’ll just deal with the bank."

I wish that were true, but it’s a dangerous misconception. If you lose mental capacity, meaning you can no longer understand, retain, or weigh up information to make a decision, your legal rights essentially "freeze."

Banks can freeze joint accounts. Utility companies won't talk to your children. Doctors may make decisions about your care without your family having the final say. Without that legal document (the LPA) proving you’ve given them permission, your family’s hands are tied.

This is where estate planning UK moves from being a "maybe" to a "must-have."

Enter the Court of Protection

If you haven’t made an LPA and you lose capacity, the only way for someone to get the legal authority to act for you is to apply to the Court of Protection.

Think of the Court of Protection as the referee. Their job is to protect people who can’t make decisions for themselves. Because there is no LPA (which is your "voice"), the Court has to step in and appoint a Deputy.

A Deputy is someone authorised by the Court to make decisions on your behalf. Sounds okay, right? Well, the problem isn't the idea of a Deputy; it’s the process of becoming one.

Deputyship vs. Lasting Power of Attorney: The Reality Check

To help you see the difference, let’s compare the two. Imagine you’re choosing between a smooth, planned journey and an emergency rescue mission in the middle of a storm.

1. Who Chooses?

• LPA: You choose exactly who you want to look after you. You can pick your kids, your best friend, or a trusted professional. You can even give them specific instructions on how you want your money spent.

• Deputyship: The Court decides. While they usually favour family members, if there’s any hint of a family argument, they might appoint a professional Deputy (like a solicitor) instead. This professional will then charge your estate for every minute they spend working on your file.

2. The Cost (Brace Yourself)

• LPA: There is a one-off registration fee to the Office of the Public Guardian (currently £82 per document) plus a fixed fee for the legal work to set it up. Once it’s done, it’s done.

• Deputyship: It is significantly more expensive. There are application fees, hearing fees, and often hefty legal fees because the paperwork is so complex. But it doesn't stop there. A Deputy usually has to pay an annual supervision fee and an annual insurance bond. Over a few years, Deputyship can cost thousands: money that should be spent on your care.

3. The Time Factor

• LPA: You set it up while you’re fit and healthy. It sits on the shelf until it’s needed.

• Deputyship: It usually takes 6 to 9 months (sometimes longer!) for a Deputyship order to be granted. During those months, your bank accounts stay frozen. Bills might go unpaid, and property cannot be sold to pay for care fees. It’s a period of total legal limbo.

4. Ongoing Hassle

• LPA: Your attorneys have a lot of freedom to act in your best interests, guided by the trust you placed in them.

• Deputyship: Deputies are heavily supervised. They have to submit a detailed annual report to the Court explaining every single penny spent. It’s a massive administrative burden for a family member who is already grieving the fact that you’re unwell.

Why This Matters for Your Family

Imagine your family trying to organise a care home for you, but they can't access your savings to pay the deposit. Or imagine your partner trying to sell your house to downsize, but they can't because the house is in joint names and you can't sign the paperwork.

This isn't just about "legal stuff": it’s about the emotional toll. When I provide probate services UK or help with estate planning, I see the difference between families who have an LPA and those who don't. The families with an LPA can focus on being there for their loved one. The families without one are stuck on the phone with solicitors and court officials, feeling stressed and helpless.

How Secure Wills Makes This Easy

I know that dealing with "legal" things can feel a bit stuffy and intimidating. That’s why at Secure Wills, I do things differently. I’m Andy, and my goal is to make this process as painless as possible.

Here is how we help:

• Friendly Advice in Plain English: I don’t do jargon. I’ll explain everything in a way that actually makes sense.

• Clear Fixed Pricing: No "hourly rates" that climb higher and higher. You’ll know exactly what you’re paying from the start. No hidden surprises.

• Flexible Appointments: You don't need to trek into a city center office. I offer home visits throughout the region, or we can chat over video call. Whatever makes you feel most comfortable.

• Expert Guidance: I’ll make sure your LPA is drafted correctly so it doesn't get rejected by the Office of the Public Guardian, saving you time and money.

Frequently Asked Questions

"Is it too late to get an LPA if someone has already started losing their memory?"
Not necessarily. As long as the person still has "capacity" to understand what the document is and what it does, they can sign an LPA. However, if they can no longer understand the concept, you’ll likely have to go down the Deputyship route. The sooner you act, the better.

"I have a Will, isn't that enough?"
A Will only triggers after you pass away. An LPA is for when you are still here but need a helping hand. Think of a Will as a safety net for the end, and an LPA as a safety harness for the journey.

"Can I do it myself?"
You can, but it’s a bit like DIY surgery. If you tick the wrong box or phrase something incorrectly, the document might be invalid exactly when you need it most. Having an expert handle it ensures it’s "watertight."

Don't Leave It to Chance

The Court of Protection does a vital job, but it’s a path you really don’t want your family to have to walk. Making a Lasting Power of Attorney is one of the kindest things you can do for your loved ones. It gives them the authority they need and the peace of mind they deserve.

At Secure Wills, we’re here to help you get your ducks in a row without the stress. Whether you’re looking into estate planning UK for the first time or need advice on probate services UK, I’m just a phone call away.

Ready to protect your future? Let’s have a chat. Secure your legacy, and your family’s peace of mind, today.