What happens if there is no Power of Attorney in place when it is needed?

Without and LPA for property and finances, nobody would be able to manage your bank accounts, property or other assets for you if you were to lose capacity to make financial decisions. In that situation, an application to the Court of Protection for a Deputyship Order would be required to grant access to your assets before any payments could be made for your care or your day-to-day living needs. This is an expensive application, and you would likely have no say in who makes the application.

An LPA for health and welfare allows you to decide who can make health and medical treatment decisions for you, including decisions relating to social care.

In both cases, making an LPA allows you to have the control over who is appointed to manage your finances and/or health decisions. You can also use the LPA to restrict your Attorney’s authority or to specify your preferences.