What happens when no LPA is in place?
What Happens If You Don’t Have a Lasting Power of Attorney in Place?
Most people understand the importance of having a Will. Far fewer realise that a Will only takes effect after death.
But what happens if you’re still alive — and suddenly lose the ability to make decisions for yourself?
If you do not have a Lasting Power of Attorney (LPA) in place and you lose mental capacity, your loved ones cannot simply “step in” to manage things for you. Instead, they may have to apply to the Court of Protection.
That process can be lengthy, stressful and expensive.
First, What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint trusted people (your “attorneys”) to make decisions on your behalf if you lose mental capacity.
There are two types, registered with the Office of the Public Guardian:
Property & Financial Affairs LPA
Covers bank accounts, bills, pensions, property and investments.Health & Welfare LPA
Covers medical decisions, care arrangements and life-sustaining treatment choices.
Without these documents, your family has no automatic authority to act.
What Happens Without an LPA?
If you lose capacity due to dementia, stroke, accident or illness and no LPA is in place:
1️⃣ Your Accounts May Be Frozen
Banks are legally required to protect your assets. Even if it’s your spouse or adult child, they may not be able to access your accounts.
This can cause immediate issues with:
Paying household bills
Managing mortgage payments
Funding care costs
Accessing pensions or investments
2️⃣ Your Family Must Apply to the Court of Protection
Your loved ones would need to apply to the Court of Protection to become a “Deputy”.
This involves:
A formal application
Medical evidence of incapacity
Detailed financial disclosure
Court fees
Ongoing supervision
The process can take several months, sometimes longer.
3️⃣ It Is More Expensive Than an LPA
An LPA is relatively straightforward and cost-effective when arranged in advance.
By contrast, a Deputyship application typically involves:
Court application fees
Annual supervision fees
A security bond (insurance)
Ongoing reporting requirements
In many cases, the total cost significantly exceeds the cost of putting an LPA in place early.
4️⃣ You Lose Control Over Who Is Appointed
With an LPA, you choose who acts for you.
Without one, the court decides who is suitable. While it is often a close family member, this is not guaranteed — especially if there is disagreement within the family.
The appointed Deputy is supervised by the court and must follow strict rules, which can limit flexibility in managing your affairs.
5️⃣ Health Decisions Become More Complicated
Without a Health & Welfare LPA:
Doctors will make decisions based on “best interests”
Family members can be consulted, but they do not have final authority
Disputes can arise at difficult and emotional times
Having an LPA ensures your chosen person has legal authority to speak on your behalf.
A Common Misunderstanding
Many married couples assume:
“If something happens to me, my spouse can just deal with everything.”
Unfortunately, this is not the case.
Marriage does not give automatic authority to access bank accounts held in one name or make formal financial decisions if capacity is lost.
The Key Difference: Planning vs Crisis
Putting an LPA in place is about planning calmly and sensibly.
Applying to the Court of Protection is usually done during a crisis — when someone is already vulnerable and the family is under stress.
Why We Recommend LPAs Alongside Your Will
At Secure Wills, we encourage clients to see their Will and LPAs as part of one complete protection plan:
Your Will protects your family after death.
Your Lasting Powers of Attorney protect you while you are alive.
None of us know what the future holds — but putting LPAs in place ensures your family can act quickly, legally and with clarity if they ever need to.
If you would like to discuss putting Lasting Powers of Attorney in place, our team at Secure Wills would be happy to guide you through the process in a clear, straightforward way.
