What happens if you do not have a Lasting Power of Attorney?

Grainne Feeney, Partner Wills, Trusts & Estates | October 28, 2020

A lasting power of attorney allows you to choose who you want to make decisions on your behalf in relation to your Property and Affairs (P&A LPA) and also your Health and Welfare H&W LPA), should you be unable to do so yourself.

Often consideration is given to making a Will as we know that dying is a certainty. But how many of us consider what will happen should we lose capacity either through developing a form or dementia or as a result of an accident?

It is estimated that 2 million people in England lack mental capacity and whilst awareness of conditions such as dementia has increased, there are still many people who have not made a lasting power of attorney. Anyone can lose mental capacity at any time. So what happens if you lose capacity and do not have an LPA in place?

The lack of an LPA should you lose mental capacity can have serious implications, for example in respect of your welfare such as living arrangements or medical care. In these cases a decision may be made in your Best Interests by a medical professional or government appointee. In so far as your property and affairs are concerned they are essentially frozen, since no one has been authorised to deal with them. Access to your bank accounts or investments is cut off.

The Court of Protection have the authority to appoint someone to act as Deputy for anyone who lacks capacity. As with an LPA there are two kinds of deputyships one for Property and Affairs and one for Welfare. The role of a Deputy is similar to that of an Attorney but has greater accounting and supervision requirements. The Office of the Public Guardian oversee anyone appointed as Deputy to ensure that they meet the required Deputy standards.

Anthony Gold are able to prepare of Lasting Powers of Attorney and assist where there is no LPA in place, with Deputyship applications. Should you require assistance in relation to LPA’s or Deputyships please contact us on 020 7940 4000 or grainne.feeney@anthonygold.co.uk.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

Please note

The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, expressed or implied.