What happens if I don’t have a lasting power of attorney?

If you lose the capacity to make decisions for yourself without having an LPA in place, your loved ones can apply for a deputyship order from the Court of Protection, under which they would be able to make decisions on your behalf.

Applying for and maintaining a deputyship order can be costly and time consuming. In addition, it also means you would have no say in who is appointed as your deputy, or the power granted to them. The Court of Protection can also reject a loved one’s application to be your deputy, which could mean your local authority, doctor or a social worker is put in charge of making decisions on your behalf, even if these go against your or your family’s wishes.

If you are married and lose the capacity to make decisions for yourself without having a lasting power of attorney, your spouse may not be able to manage or deal with joint assets, including joint bank accounts and your home, until a deputy is appointed.


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