What if I don’t have an LPA?


Without an LPA, if incapacity or disability does occur then the only way that the affairs of such a person can be dealt with is by applying to the Court of Protection for the appointment of a deputy. This will normally be a court official or sometimes a near relative, solicitor or accountant who will receive the person’s income, pay the debts and deal with other day-to-day matters.  Your views on your treatment will not be known.  Any views that you may have expressed verbally in the past to a family member cannot be taken into account.  Appointing a deputy can be an expensive and time consuming business.  In addition there are annual fees payable to the Court of Protection for the auditing of accounts and other matters.  There could also be annual visits from court representatives to ensure that the Donor is being looked after in a satisfactory manner.