The Dangers Of Not Having An LPA In Place
If you don’t have an LPA in place and then lose capacity, the situation can arise where no one has the legal authority to make decisions for you. If you’re married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with your bank account and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA, they won’t have the authority. The only alternative then is for someone to apply to the Court of Protection to be appointed as a Deputy, which takes months and costs a great deal more than an LPA. Deputies also must pay an annual fee to the Court of Protection and submit an annual report of their actions.