What will happen if I do not have a Lasting power of Attorney?

An application has to be made to the Court of Protection for a Deputyship Order.

This process normally takes between 9-12 months at a minimum cost of £2,170.During that time no one has access to your assets until the final Order is issued and all Court costs that have been incurred to date have been paid.

A Judge will make the final decision as to who is appointed to deal with your affairs, which is often not the person you would have chosen. This person is called a Deputy and can often be a retired solicitor/barrister or sometimes the Local Authority. This would mean that those seeking to care for you, such as your family have the added stress of dealing with Court appointed officials every time a decision is required. They would also have no official say in any medical treatment for you even if they knew what your wishes would have been.

The Court of Protection does safeguard the interests of people who no longer have the capacity to make decisions for themselves, but if you want your loved ones to care for you and make decisions on your behalf, then you need to ensure you have a Lasting Power of Attorney in place.