The Risks of Losing Capacity Without a Lasting Power of Attorney (LPA)

Jul 15, 2024

At Pinkney Grunwells Lawyers LLP, we often encounter clients who are unsure about the importance of a Lasting Power of Attorney (LPA). Many people think they will never need one or that it is something to consider only in old age. However, the reality is that losing capacity can happen at any age due to illness, injury, or other unforeseen circumstances. Without an LPA in place, you and your loved ones could face significant challenges. In this blog, we will discuss the risks and complications that arise when someone loses capacity without an LPA

What Happens When You Lose Capacity Without an LPA?


1.Court Intervention

If you lose the ability to make decisions and do not have an LPA, your family will need to apply to the Court of Protection to appoint a deputy. This process is often lengthy, costly, and stressful. The court decides who will manage your affairs, which might not align with your personal preferences.

2. Financial Difficulties

Without an LPA, your bank accounts could be frozen, leaving your loved ones unable to access funds to pay bills or manage your finances. This can lead to unpaid bills, debt accumulation, and financial strain on your family.

3. Uncertainty in Health and Welfare Decisions

In the absence of a Health and Welfare LPA, important decisions about your medical treatment and care will be left to medical professionals and social services. These decisions might not reflect your personal wishes or the preferences of your family.

4. Family Disputes

When there is no LPA, family members may disagree on who should take charge of your affairs. These disputes can create tension and conflict during an already stressful time. A clear, legally binding LPA can prevent such disagreements by clearly stating your chosen attorneys.

5. Lack of Personal Control

Without an LPA, you lose the ability to choose who will act on your behalf. The court-appointed deputy may not know your personal preferences, values, or specific needs. An LPA ensures that the people you trust manage your affairs according to your wishes.


The Benefits of Having an LPA


  1. Quick and Effective Management

With an LPA, your chosen attorneys can immediately step in to manage your affairs, ensuring continuity and avoiding financial and administrative chaos.

2. Respect for Your Wishes

An LPA allows you to document your preferences for health and welfare decisions, ensuring that your values and desires are respected, even when you cannot express them yourself

3. Reduced Stress for Loved Ones

Knowing that your affairs are in the hands of trusted individuals provides peace of mind for both you and your family. It alleviates the burden of having to navigate complex legal processes during a difficult time.

4. Prevention of Disputes

Clear instructions within an LPA minimise the risk of family disputes by designating specific individuals to manage your affairs, thereby reducing ambiguity and conflict.


For more information about why you should make an LPA please read our past blog here.


How to Prepare an LPA


Creating an LPA is a straightforward process, but it requires careful thought and legal guidance. At Pinkney Grunwells Lawyers LLP, we provide comprehensive support to help you through each step:


  1. Consultation: We begin with a detailed discussion to understand your needs and wishes.
  2. Drafting: Our experienced solicitors draft your LPA documents, ensuring they reflect your instructions accurately.
  3. Registration: We assist with the registration of your LPA with the Office of the Public Guardian, making it legally binding.


Conclusion


Losing capacity without an LPA can lead to significant financial, legal, and emotional difficulties for you and your loved ones. Taking the time to create an LPA is a proactive step that protects your interests and ensures your wishes are respected.


At Pinkney Grunwells Lawyers LLP, we are committed to helping you safeguard your future with clear, compassionate, and professional legal advice.


For more information or to begin the process of creating your LPA, contact us today. Secure your peace of mind.

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