Deputyship vs LPA: What Happens If You Leave It Too Late?
When a loved one loses mental capacity, families can suddenly face urgent legal decisions they never expected. Without the right planning in place, everything can feel confusing and overwhelming.
Many people ask: “What happens if my loved one can no longer make decisions and there is no Lasting Power of Attorney?”. Understanding the difference between an LPA and Deputyship is key to knowing your options.
What Happens Without an LPA?
Deputyship through the Court of Protection
If capacity is lost without an LPA, your loved ones cannot simply step in. Instead, they must apply to the Court of Protection for legal authority to act (Deputyship). This process can be lengthy and complicated.
The court decides who can manage affairs, imposes ongoing supervision and requires strict reporting. Sometimes, a professional deputy may be appointed instead of a family member. For families already under stress, this can feel overwhelming, costly and emotionally draining.
When Is It Too Late to Make an LPA?
It is considered too late to create an LPA once a person can no longer understand the document. Sudden events like a stroke, accident, dementia or serious illness can make Deputyship the only option.
Families often tell us they regret waiting. What seemed like something to “deal with later” quickly becomes a source of stress, delays and uncertainty. Bills may go unpaid, property decisions may be paused and medical choices may be held up – all at a time when support is needed most.
How We Can Help
Whether you are planning ahead with an LPA or already dealing with a Court of Protection application, Portway Solicitors offers clear guidance, compassionate support and practical help with sensitive legal decisions.
We work alongside families to explain the options, reduce stress and help you regain a sense of control during difficult times. You do not have to face these decisions alone.
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Protect What Matters Most
Taking advice early can help safeguard your loved ones and give you peace of mind – whether you are thinking about an LPA or already facing Court of Protection issues.
