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What happens if someone who loses mental capacity doesn’t have an LPA?

When a person loses mental capacity and has not put in place a Lasting Power of Attorney, or LPA, the consequences can be complex, slow, and often distressing for their family members who are trying to make decisions on their behalf. Legally, no one automatically has the authority to manage that person’s finances, property, or make their health decisions. This means that the individual’s affairs can only be handled through formal applications to the Court of Protection, which is a process that can be both time-consuming and potentially very expensive.

Court Of Protection Intervention

Without an LPA, family members or close friends must apply to the Court of Protection to be appointed as a deputy. You’ll find that this involves completing detailed forms, providing evidence of the person’s incapacity, and waiting for a judge to approve the application. The whole process can take several months in some cases, and during that time, important decisions – such as paying bills, managing property, or consenting to medical treatment – may be delayed. 

Planning Ahead

Arranging an LPA online, with a specialist such as powerofattorneyonline.co.uk, can prevent these delays, giving the chosen attorney or attorneys immediate legal authority to act if the person loses capacity.

Setting up an LPA online is that it’s generally faster and more convenient than filling out paper forms or attending appointments in person, because the online process can be submitted directly to the Office of the Public Guardian. Without one, you lose the ability to pre-select trusted people to make decisions according to your wishes.

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