📄 What Happens If You Don’t Have a Lasting Power of Attorney (LPA)?

At SHG Law, we often speak to families who are navigating incredibly stressful situations — and one of the most difficult situations comes when a loved one loses the ability to manage their affairs but hasn’t put a Lasting Power of Attorney (LPA) in place.

It’s easy to assume that if something happens, your partner or children will automatically be able to step in. But unfortunately, the reality is very different.

🧠 First — What Is an LPA?

An LPA is a legal document that allows someone you trust to make decisions on your behalf if you become unable to do so. There are two types:

• Property & Financial Affairs LPA

  Covers things like managing bank accounts, paying bills, dealing with pensions, or selling your home if needed.

• Health & Welfare LPA

  Covers decisions about medical treatment, care, and even where you live.

  
  

❌ What Happens If You Don’t Have One?

If you lose mental capacity and don’t have an LPA in place, your loved ones cannot automatically make decisions for you. Instead, they must apply to the Court of Protection to become your deputy — a process that can be:

• ❗ Time-consuming – It can take 6 months or more

• 💷 Costly – Initial court fees, ongoing supervision fees, and solicitors’ costs can add up quickly

• 😓 Stressful – At a time when your family is already worried about your health and wellbeing

• ❌ Restrictive – The powers given by the Court are often narrower than those under an LPA

Until a deputyship order is granted, no one can access your bank accounts, pay bills on your behalf, or make care decisions — even if they’re your next of kin.

👪 Peace of Mind for You and Your Family

Setting up an LPA means that you choose who will support you if the time comes. It gives clarity, control, and reassurance — and avoids unnecessary stress for the people who care about you.

At SHG Law, we make the process straightforward and supportive, whether you’re planning ahead or helping a loved one.

💬 Want to talk about putting an LPA in place?

We’re here to guide you through it — in plain English and with no pressure.

📞 Contact us at info@shglaw.co.uk or by phone on 01282 914099