This is What Can Happen if You Don’t Have a Power of Attorney

If you lose mental capacity and do not have a Lasting Power of Attorney (LPA) in place, your family or loved ones cannot automatically make decisions for you — even if they are your spouse, partner, or children.

In England and Wales, this can create serious practical, financial, and emotional difficulties.

Here’s what can happen:

Your finances may become frozen

Banks, mortgage providers, pension companies, and utility providers may refuse to speak to or take instructions from family members. This can affect:

Paying household bills
Managing bank accounts
Selling property
Accessing savings or investments
Managing pensions or benefits

Even joint bank accounts can become restricted in some situations.

Your family may need to apply to the Court of Protection

Without an LPA, someone must apply to the Court of Protection to become your “Deputy.”

This process can be:

Expensive
Time-consuming
Stressful
Ongoing and heavily supervised

It can take several months before authority is granted, during which important decisions may be delayed.

The court decides who is appointed

You lose the ability to choose who manages your affairs. The court decides who is suitable, and sometimes a professional deputy may be appointed instead of a family member.

Health and care decisions may be harder

Without a Health & Welfare LPA:

Loved ones may not have legal authority to make care decisions
Medical professionals make decisions based on your “best interests”
Family opinions may be considered, but they are not legally binding

This can include decisions about:

Care homes
Medical treatment
Daily care arrangements
Life-sustaining treatment preferences

It can create family disagreements

When no clear legal authority exists, disputes can arise between relatives about what should happen, especially where finances, property, or care arrangements are involved.

Planning ahead gives you control

A Lasting Power of Attorney allows you to: