Our Court of Protection Nightmare: 9 Months and £8,000 Later
Our Court of Protection Nightmare: What Really Happens Without an LPA
*This is based on real experiences shared with us. Names and some details have been changed to protect privacy.*
The Accident
On an ordinary Tuesday morning, Helen's husband Michael fell from a ladder while cleaning gutters. He was 52. Fit. Healthy. An accountant who ran his own practice.
He landed on concrete. The traumatic brain injury left him in a coma for three weeks. When he woke, he was not the same person.
"The Michael I knew was gone. He was alive—thank God—but he couldn't work, couldn't manage money, couldn't make decisions. The doctors said he might improve. He might not. We just had to wait."
The Immediate Problem
Michael was the main earner. The practice was in his name. The mortgage, the utilities, the business accounts—everything ran through accounts Helen couldn't access.
"I assumed being his wife meant I could handle things. We'd been married 27 years. Surely I could access our money?"
She couldn't.
The Bank Says No
"I went to the bank with our marriage certificate, Michael's diagnosis letter, everything. They were sympathetic. But the answer was no. His accounts were in his sole name. Without Power of Attorney or a court order, I had no authority."
Even their "joint" accounts had complications—one was actually in Michael's sole name with Helen as a signatory, which the bank said wasn't the same thing.
"I sat in the car park and cried. My husband was in hospital. His business was collapsing. Our mortgage was due. And I couldn't do anything."
The Court of Protection Route
Helen learned about the Court of Protection—the legal route when someone lacks mental capacity and has no LPA.
"I thought it would take a few weeks. That was naive."
The Application Process
Step 1: Find a solicitor Helen called five firms before finding one who handled Court of Protection work. Initial consultation: £300.
Step 2: Gather evidence
- Medical assessment proving Michael lacked capacity: £650
- Medical records request: £50
- Financial disclosure documents: Weeks of gathering
"My solicitor said it's one of the most complex applications in family law. I couldn't have done it myself."
Step 4: Pay the fees
- Court application fee: £371
- Solicitor fees (preparation): £2,400
- Additional assessments: £600
The Wait
"The court acknowledged receipt in week two. Then silence. Week after week of silence."
During this time:
- Month 1: Mortgage payment bounced. Helen paid from her savings.
- Month 2: Michael's business accounts frozen. Staff couldn't be paid. Helen scrambled to explain.
- Month 3: Insurance policies lapsing. Helen paying everything personally.
- Month 4: Court requests "additional information." More solicitor fees (£800).
- Month 5: Information submitted. More waiting.
- Month 6: Court schedules a hearing. Three months away.
- Month 7-8: Waiting for hearing.
- Month 9: Hearing held. Order granted.
The Costs Add Up
By the time Helen had deputyship, she'd spent:
| Item | Cost |
|---|
| Medical assessments | £700 |
| Solicitor fees (application) | £3,800 |
| Court fee | £371 |
| Additional documentation | £450 |
| Hearing attendance | £600 |
| Security bond | £350 |
| Total to get authority | £6,271 |
| Item | Cost |
|---|
| Out-of-pocket payments (9 months) | £12,000+ |
| Business losses | Incalculable |
| Annual supervision fee (ongoing) | £320/year |
| Annual accounting (solicitor) | £500/year |
The Ongoing Burden
Even with deputyship, Helen's responsibilities continue:
Annual requirements:
- File detailed accounts with the Court of Protection
- Pay supervision fees
- Maintain a security bond
- Report any significant decisions
Restrictions:
- Cannot sell property without court permission
- Cannot make gifts without court permission
- Must justify expenditure
- Major decisions may need court applications
What an LPA Would Have Changed
| Factor | With LPA | With Court of Protection |
| Time to authority | Immediate | 9 months |
| Cost to get authority | £304 | £6,271 |
| Ongoing fees | None | £820+/year |
| Court supervision | None | Annual reporting |
| Flexibility | High | Restricted |
| Stress | Minimal | Enormous |
The Lasting Impact
"Michael is better now. Not fully—he'll never work again—but he's home, he knows who I am, we have good days. What I can't get back is that first year.
The stress nearly broke me. I wasn't just caring for my injured husband. I was fighting bureaucracy, paying lawyers, waiting for courts, juggling finances I couldn't access. All while grieving the life we'd planned.
And all because we never got around to making LPAs."
Michael's Perspective
As Michael recovered, Helen explained what had happened. His response broke her heart:
"He said, 'But you're my wife. Of course you should be able to manage things.' He couldn't believe the law didn't recognise that. Neither could I, at first.
But the law is clear: marriage gives you almost no automatic rights over your spouse's finances or health decisions. Only an LPA does that."
A Message from Helen
"We were in our early 50s. Healthy. Busy. We thought Power of Attorney was for old people, for when you're planning for death. We didn't realise it's for life—for accidents, for illness, for anything that stops you managing your own affairs.
If you're married and you think your spouse can automatically handle things if something happens to you, you're wrong. I was wrong. And it cost us a year of hell and tens of thousands of pounds.
Make your LPAs. Both of you. Today. It takes an hour. It costs a few hundred pounds. And it could save your family everything we went through."
---
Court of Protection: The Facts
- Average time: 4-12 months
- Typical costs: £5,000-15,000+
- Ongoing fees: £320+ per year
- Annual reporting: Required
- Restrictions: Significant
LPA: The Alternative
- Time to register: 8-10 weeks (do it in advance)
- Cost: £74-140 + £82/LPA registration
- Ongoing fees: None
- Reporting: None
- Flexibility: You choose the terms
Don't Make Helen's Mistake
You don't know what tomorrow holds. Create your LPAs while you can.
Ready to Create Your LPA?
Don't wait until it's too late. Get both types of Lasting Power of Attorney from just £140 with expert guidance included.
Explore more Real Stories guides →Related Articles
The Family Who Waited Too Long: Dementia Without LPA
A real UK family's experience when their mother developed dementia without an LPA in place. The costs, delays, and heartbreak they faced.
Protecting Mum's House from Care Fees: The Williams Story
How one family used LPAs correctly to manage care costs while protecting assets within the rules.
When a Spouse Couldn't Access Joint Savings: The Patels' Story
A married couple of 40 years discovered that marriage doesn't mean automatic access to accounts. Their story and what they learned.
Business Owner Who Planned Ahead: The Thompson Case
How a small business owner protected his company and employees with the right LPA provisions. Planning that saved a business.
When Mum Had a Stroke: How We Couldn't Access Her Bank Account
Sarah's mum had a stroke and was in hospital. The mortgage needed paying, but no one could access her accounts. A real family's story of what happens without an LPA.