Every week, families across North Somerset and Bristol discover that a loved one has lost mental capacity and that no Lasting Power of Attorney is in place. Sometimes it is gradual, a dementia diagnosis that has finally progressed; sometimes sudden, a stroke or serious accident. Either way, the family faces the same reality: without a registered LPA, nobody has the legal authority to step in. Not a spouse, not an adult child, not a sibling who has been helping for months.
The immediate practical consequences
The moment capacity is lost without an LPA, the practical problems begin at once:
- Banks freeze accounts. Financial institutions will not accept instructions from family members without legal authority, even a spouse. A joint account may be frozen. Bills and mortgage payments from sole-name accounts cannot be managed.
- Medical decisions default to clinical teams. Without a Health and Welfare LPA, the family's views are considered but the final authority rests with the medical professionals, even when the family knows exactly what their loved one would have wanted.
- Property cannot be managed or sold without court authority, even if it needs to be sold to fund care.
- Pensions and benefits may be inaccessible, as providers and HMRC require legal authority before a third party can act.
The only alternative: the Court of Protection
When no LPA exists and someone has lost capacity, the family's only option is to apply to the Court of Protection for a deputyship order, appointing someone to make decisions on the person's behalf. It ultimately achieves a similar result to an LPA, but the process is far more demanding.
How long does it take?
A deputyship application usually takes four to six months, and on average the court issues the order in six to ten months. The clock does not start until the application is submitted, which itself can take months, especially while waiting for a medical capacity assessment. The total period from loss of capacity to a granted deputyship can easily stretch beyond a year, and longer still if anyone objects.
What does it involve, and cost?
A formal capacity assessment, multiple detailed court forms, comprehensive financial information, a deputy's declaration, and formal notification of close family. The court application fee is currently £432, with a £100 assessment fee for new deputies and a £266 hearing fee if the court requires one, plus solicitor's costs to prepare the application. Once appointed, a deputy is supervised by the court with an annual supervision fee (currently £320), and professional deputies can charge significant annual management fees. All of this comes from the estate of the person who lacks capacity, reducing the very assets meant for their family. By contrast, an LPA's OPG registration fee is £92 per document.
A deputyship is not the same as an LPA
A deputy must file annual reports, may need court approval for major decisions, and operates within limits set by the court. Health and welfare deputyships are rarely granted, so a family may end up with no legal authority over their loved one's medical treatment and care. An LPA, created in advance, covers both areas exactly as the donor specified, with the attorneys they chose.
The rule that prevents all of this
An LPA can only be created while the donor still has full mental capacity. Once capacity is lost, it is legally too late. No amount of prior intention or family agreement changes this. It is not a technicality; it is a fundamental legal boundary, and it catches families off guard precisely because the point at which it matters is the point at which it is too late to act.
What about joint bank accounts?
Many assume a joint account is a safety net. Often it is not: when one holder loses capacity, the bank may treat the account as frozen for that person's share, leaving the other holder unable to make withdrawals or set up payments, exactly when funds are most needed. A registered Property and Financial Affairs LPA prevents this entirely.
The difference an LPA makes
Picture the same event, a stroke, with and without an LPA. Without one, the joint savings are frozen, the mortgage cannot be paid, and the family faces a months-long Court of Protection application while already overwhelmed. With one, within days the registered LPA is presented to the bank and pension provider, the attorney begins managing finances immediately, and the health and welfare attorney advocates for the right care with full legal standing. Identical circumstances; profoundly different outcomes.
The right time to act
The right time to set up an LPA is before you feel the need for one, while you are well and the decision is entirely yours. Setting up both types takes two appointments and a few weeks; the protection lasts a lifetime. We help families across North Somerset, Bristol and Bath put both LPAs in place at home, handle all the paperwork, and submit to the OPG correctly and without delay.