For many people, setting up a lasting power of attorney (LPA) feels like something to think about “later.” It’s understandable, none of us want to imagine a time when we can’t make our own decisions. But waiting too long can come with serious consequences, both financial and emotional.
When no LPA is in place and a person loses capacity to make decisions, families are often left dealing with unexpected legal costs, delays, and stress during an already difficult time. In this blog, we’ll explain what happens when there’s no lasting power of attorney and why setting one up early can save you and your loved ones a great deal of hardship.
Learn more about our Power of Attorney services in Plymouth
What Is a Lasting Power of Attorney?
A lasting power of attorney is a legal document that allows someone you trust, known as your attorney, to make decisions on your behalf if you’re unable to.
There are two types of LPA in England and Wales:
- Property and Financial Affairs LPA – covers decisions about money, property, bills, and assets.
- Health and Welfare LPA – covers decisions about healthcare, treatment, and living arrangements.
Without an LPA, even close family members can’t automatically act for you. This is where problems and costs start to build up.
The Cost of Going Through the Court of Protection
If someone loses capacity without an LPA in place, their loved ones must apply to the Court of Protection to become a “deputy.”
This involves:
- A deputy application fee (currently £371)
- Possible hearing fees (£494 if the court decides a hearing is needed)
- Ongoing annual supervision fees (up to £320 a year)
- Professional fees if solicitors need to get involved
- Time spent waiting – it can take up to 6 months for a deputyship order to be approved.
In comparison, setting up a lasting power of attorney in advance is far more affordable and can be arranged quickly, without the stress of a court process.
Financial Access Becomes Difficult
Without an LPA, banks, utility companies, pension providers, and other institutions are legally unable to share information or act on your behalf.
That can mean:
- Loved ones can’t access your funds to pay bills or mortgage costs.
- Direct debits or standing orders continue unchecked.
- Investments or property sales are delayed.
- Vital financial decisions are put on hold for months.
This can quickly snowball into arrears, credit damage, or even the forced sale of property, problems that could easily have been avoided with a simple legal document in place.
Health and Care Decisions Can Be Delayed
Money isn’t the only consideration. Without a Health and Welfare LPA, doctors and local authorities may have the final say over your care arrangements, even if your family disagrees.
This can lead to:
- Disagreements and distress among loved ones
- Care decisions that don’t reflect your personal wishes
- Delays in receiving the right medical or residential care
A health and welfare LPA ensures your chosen attorney can speak on your behalf, so your values and preferences guide any decisions made.
Emotional Stress for Families
Perhaps the biggest hidden cost isn’t financial at all, it’s the stress and uncertainty families face. At a time when loved ones are already coping with a difficult situation, they’re also forced to navigate complex legal processes, paperwork, and financial pressures.
Many families describe the deputyship process as “overwhelming,” especially when they assumed they’d be able to act automatically. Setting up an LPA in advance removes that burden entirely.
Why Setting Up an LPA Early Makes Sense
Establishing a lasting power of attorney early gives you complete control over who will act on your behalf and how. It’s a simple, cost-effective step that can:
- Save your family thousands of pounds in legal fees
- Prevent months of delays
- Protect your assets and financial security
- Ensure your healthcare wishes are followed
- Provide peace of mind for everyone involved
How The Will Centre Can Help
At The Will Centre, we’ve helped hundreds of clients set up their lasting power of attorney with clear, professional guidance. We explain everything in plain English, complete the necessary paperwork, and make sure your LPA is legally sound.
Our friendly Plymouth team can support you with:
- Choosing the right type of LPA
- Drafting and witnessing documents correctly
- Registering your LPA with the Office of the Public Guardian
- Answering any questions along the way
Final Thoughts
The reality is that none of us can predict the future. But we can prepare for it. Not having a lasting power of attorney in place can lead to significant costs, delays, and stress, all of which are avoidable.
By acting now, you’re protecting yourself, your finances, and your loved ones. If you are looking for support in getting a Lasting Power of Attorney in place, Learn more about our Power of Attorney services in Plymouth and how our friendly team can help you.
