When No LPA Is in Place: Legal, Financial and Emotional Consequences for Families

If a Lasting Power of Attorney (LPA) is not put in place before a person loses mental capacity, the consequences in England can be significant, both legally and practically. Under the Mental Capacity Act 2005, no one – not even a spouse, civil partner, or adult child – has automatic authority to manage another adult’s finances or make health decisions once capacity is lost.

What Happens Without an LPA?

If capacity is lost and no LPA exists, family members must apply to the Court of Protection for a deputyship order. A deputy is someone appointed by the court to make ongoing decisions on behalf of the person who lacks capacity. This process is considerably more complex than registering an LPA.

The application can take several months, sometimes longer if the court requires additional evidence or if there are disputes within the family. During this period, bank accounts may be effectively frozen, bills may go unpaid, and property transactions cannot proceed. For families already coping with illness or injury, this delay can add substantial stress.

Deputyship is also more expensive. There are court application fees, medical assessment costs, potential legal fees, and annual supervision fees. Deputies must submit regular reports and accounts to the court, and their powers may be more limited than those granted under a carefully drafted LPA. In contrast, an LPA allows you to define the scope of authority in advance.

Loss of Personal Choice

Perhaps the most important consequence is the loss of personal control. With an LPA, you decide who acts for you and can include guidance or legally binding instructions. Without one, the court decides who is appointed as deputy. This may not reflect your personal preference and can sometimes lead to tension between relatives.

Health and welfare decisions are particularly sensitive. While medical professionals can make urgent decisions in your best interests, long-term care arrangements and serious treatment decisions may require court involvement if there is disagreement.

Risk of Disputes and Safeguarding Issues

Where there is no clear legal authority in place, families can fall into disagreement about what is best. Disputes over finances, property, or care arrangements may require formal resolution through the court system, increasing costs and emotional strain.

A Preventative Measure

An LPA is fundamentally about preparation. Once mental capacity is lost, it is too late to create one. The alternative - deputyship through the Court of Protection - is slower, costlier, and offers less flexibility. Acting early ensures your wishes are respected and spares your loved ones avoidable legal and administrative burdens at a difficult time.

April 2026

Dr. Anthony Lai and Mr. Shahab Muhammad Javed