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What happens if I don’t have a Lasting Power of Attorney (LPA)?

Amy Peters
11 January 2022 14 min read

If someone finds themselves in a situation where they are no longer able to cope with everyday life, either in respect to financial matters or their care and welfare, then ideally they will have someone who is able to step in and support them. Many people are under the assumption that a partner, spouse or close relative can simply take control, however, this is simply not the case as whoever steps in will need proper legal authority to act. Without this, no financial transactions or medical decisions can be made. 

What If I don't have an LPA?

Ideally a Lasting Power of Attorney will have been created but sadly, there are many situations where this has not happened. In this case, if you have a loved one who needs help managing their affairs, you’ll need to apply to the Court of Protection to become a Deputy. This will provide you with the necessary legal authority to carry out certain actions on their behalf, depending on the scope of the Deputyship order.

Download your Step-by-Step Guide to Making a Lasting Power of Attorney

What does a Deputyship entail?

Similar to LPA’s, there are two types of Deputyship – one relating to finances and one relating to personal welfare.
An assessment by a qualified medical professional will need to be carried out on the person requiring assistance and you will also need to provide a statement regarding your own circumstances and ability to take on the role of deputy. Your application to the Court will also require full financial details regarding the person on who’s behalf you are to act and full information relating to their current condition if you are making an application in respect of personal welfare.

Once appointed, a Deputy is required to act in the best interests of the person represented at all times. The deputyship order will likely set out a limited scope of authority and decisions you are permitted to make. You may require separate consent from the court for additional decisions and you will be subject to the supervision of the Court of Protection and will need to report to them on a regular basis.

Needless to say, it’s a challenging task to undertake and can be costly. Typically, Deputyship applications can cost around £800 for both types of application payable to the HM Courts and Tribunal Service. There may also be court costs starting from £500 if the case needs a hearing. Deputyship applications typically take 6 months, but at the date of this article, are known to be taking in excess of a year and the person applying for the Deputyship may not be the person who is ultimately appointed to the role. 

What are the next steps?

It’s certainly worth taking professional advice if you find yourself in this situation and if you would like to speak to one of the team to understand your situation a little more clearly, feel free to call on 01522 500823 or email hello@beneficialfamilywills.co.uk
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