What Happens If You Don't Have an LPA? The Consequences

The Reality Without an LPA

When someone loses mental capacity without a Lasting Power of Attorney, the consequences are far-reaching and often devastating. This isn't scaremongering—it's the reality thousands of UK families face every year.

What Happens to Your Finances?

Bank Accounts Are Frozen

The moment a bank learns of your incapacity (or suspects it), your accounts are typically frozen. This means:

No withdrawals, even for care costs
No bill payments, including mortgage
No access to savings
Direct debits may be stopped

Even joint accounts may be restricted. Banks are legally required to protect vulnerable customers, which often means freezing everything until proper authority is established.

Property Cannot Be Sold

Without an LPA, nobody can:

Sell your house to fund care
Remortgage for equity release
Rent out spare rooms
Even arrange essential repairs that require authorisation

Many families watch helplessly as care home bills mount while the family home sits unsellable.

Investments Sit Untouched

Your investment portfolio, ISAs, shares, and pensions cannot be managed. In a falling market, this can mean significant losses while your family waits for court authority.

What Happens to Healthcare Decisions?

Doctors Make the Calls

Without a Health and Welfare LPA, healthcare professionals make decisions about your treatment based on "best interests"—their professional judgment of what's right for you.

Your family can be consulted but has no legal decision-making power. If they disagree with medical recommendations, they have limited recourse.

Care Home Decisions

Who decides where you live? Without an LPA:

The hospital may place you wherever has availability
Your family can't insist on your preferred care home
Moving you to a better facility may require court authority

End-of-Life Treatment

Perhaps most importantly, without a Health and Welfare LPA, your views on life-sustaining treatment may not be legally binding. An LPA lets you specify whether you want to be kept alive artificially in certain circumstances.

The Court of Protection: Your Only Alternative

Without an LPA, the only option is applying to the Court of Protection for a Deputyship order. This allows the court to appoint someone (a "deputy") to make decisions.

The Timeline

Application preparation: 2-4 weeks
Court processing: 12-20 weeks (often longer)
Total time: 4-12 months is typical
Emergency applications exist but are rarely granted

During this time, nobody can legally manage your affairs.

The Costs

Item	Cost

Court application fee	£371
Assessment fee	£100
Legal fees (typical)	£1,000-£3,000
Annual supervision fee	£320
Total first year	£1,800-£4,000+

Compare this to an LPA: £92 registration fee per LPA, no ongoing costs.

Ongoing Requirements

Deputies face ongoing obligations:

Annual reports to the OPG
Annual supervision fees (£320)
Limited flexibility in decision-making
Court approval needed for major decisions

An LPA has no ongoing costs or supervision requirements.

Real Family Impacts

The Emotional Toll

Families describe the process as:

"Devastating—we couldn't help Mum when she needed it most"
"Felt like we were fighting the system instead of caring for Dad"
"The stress nearly tore our family apart"

The combination of watching a loved one decline while navigating bureaucracy and legal processes is overwhelming.

Family Conflicts

Without clear authority established by the person themselves:

Siblings may disagree about care decisions
Courts may appoint someone the person wouldn't have chosen
Family relationships can be permanently damaged

An LPA removes this uncertainty by clearly stating who should act.

Why Don't More People Have LPAs?

Despite these consequences, only 4% of UK adults have registered LPAs. Common reasons include:

"I'll do it later" - but capacity loss is often sudden
"It won't happen to me" - it happens to 1 in 3 people
"My family can sort it" - they legally cannot
"It's too expensive" - Deputyship costs 10x more

The Simple Solution

Creating an LPA is straightforward:

Choose who you trust to act for you

Complete the forms (we make this easy)

Keep the documents safe

Total cost with myLPA: from £140 for both LPAs Total time investment: about 30 minutes

Don't Leave Your Family Powerless

Every day without an LPA is a gamble. The peace of mind of knowing your family can help you—without court battles and legal fees—is priceless.

Protect Your Family Now →