What happens if you do not have a Power of Attorney?
11th January 2023
A common misconception we hear all too often is that a spouse or a loved one can act for you, should you lose mental capacity. This is simply not the case.
Should you find yourself in a position in the future where you lack mental capacity for any reason (such as dementia or Alzheimer’s Disease, or you are involved an accident), and you do not have a Lasting Power of Attorney (sometimes known as an LPA) in place, then no one can act on your behalf and make decisions for you.
Unless you have a Lasting Power of Attorney in place, then no one has the legal right to assist you, unless a Court order is applied for and obtained. This is known as a Deputyship Order.
A Deputyship Order is an Order issued by the Court of Protection to appoint someone to act as your Deputy. The process to obtain such Order is both extremely lengthy and costly and can easily be avoided should you have a Lasting Power of Attorney in place.
Please do not hesitate to contact our friendly Private Client team who will happily talk you through the importance of a Lasting Power of Attorney and assist you (or a loved one) with obtaining the same, if required.
Article written by Private Client Solicitor Katie Nightingale