Have You Done Your Lasting Powers of Attorney? What happens without LPA & Why Waiting Could Cost Your Family Thousands
- 7 days ago
- 4 min read
One of the simplest — yet most revealing — questions we ask clients during a review is this:
“Have you done your Lasting Powers of Attorney?”
For those aged between 50 and 65, the answer is almost always the same: no.
What’s surprising, however, is what often comes next.
Many will say, “We arranged them for our parents… but we’ve not done them for ourselves.”
And that’s where the real issue begins.
Before you read further, we recommend watching this short video from Gary, where he explains one of the most commonly overlooked — yet critical — areas of planning.
In just a few minutes, he outlines why so many people delay putting Lasting Powers of Attorney in place, what typically happens when nothing is done, and the impact this can have on families when decisions need to be made quickly.
If you prefer, you can watch the video now and then continue reading for a more detailed explanation below.
The Mistake Almost Everyone Makes
When we dig a little deeper, a familiar pattern emerges.
They’ve seen first-hand how useful a Lasting Power of Attorney (LPA) can be. In many cases, they’ve actually used one for a parent — and describe it as “a godsend.”
But despite that experience, they still haven’t put one in place for themselves.
Why? Because they believe they’re “not at that stage yet.”
There’s an assumption that loss of mental capacity — through conditions like dementia or Alzheimer’s — is something that happens slowly. That there will be time to react. Time to “sort things out later.”
Unfortunately, that’s not how it works.
What Really Happens Without an LPA
If capacity is lost and no Lasting Power of Attorney is in place, your family has no automatic right to manage your affairs.
Instead, they are forced down a very different path — applying to the Court of Protection.
This is not a simple process.
The application process involves extensive paperwork — often over 100 pages
It is time-consuming, complex, and stressful
Court fees alone can exceed £3,500
If professional help is needed, total costs can rise to £5,000–£10,000+
And that’s just the beginning.
Once approved, your family doesn’t gain full control — they are appointed as Deputies, with restricted powers.
The Ongoing Burden on Your Family
Deputyship comes with ongoing limitations and responsibilities:
Bank accounts can be frozen, including joint accounts
Spending over £500 may require court approval
Routine financial decisions can take weeks or months instead of minutes
Annual reports must be submitted every year
Ongoing fees of £315 per year apply — for life
In effect, the court takes control of how your money is managed.
All of this happens at the worst possible time — when your family is already dealing with emotional stress and uncertainty.
The Simpler Alternative
A properly prepared Lasting Power of Attorney avoids all of this.
By putting an LPA in place:
Your chosen attorneys can act immediately if needed
There is no court involvement
No lengthy applications
No ongoing reporting requirements
No delays in making important decisions
Most importantly, your family remains in control — not the courts.
The Overlooked Risk: Health & Welfare
Even when people do put an LPA in place, there is another common — and potentially serious — mistake.
They only complete the Property & Financial Affairs LPA and ignore the Health & Welfare LPA.
Often this is because:
They weren’t advised to do both
Or they didn’t think it was necessary
But this can have significant consequences.
Without a Health & Welfare LPA:
Decisions about care and treatment can fall to social services or medical professionals
Families may have no legal authority to challenge decisions
If care is funded by the local authority, they choose the care home
That choice is often based on cost, not quality or location
Even strong objections from family members may carry little weight.
Control vs. Consequences
At its core, this is about one simple choice:
Who do you want making decisions for you?
Your family — who know you, understand your wishes, and care about your wellbeing
Or the courts and local authorities — who follow process, policy, and budgets
Getting It Right Matters
It’s also important to recognise that not all LPAs are created equal.
Documents that are poorly drafted or incorrectly completed can:
Cause delays
Create legal complications
Or in the worst cases, be rejected or unusable when needed most
What may seem like a small oversight at the beginning can lead to significant problems later.
The Bottom Line
The reality is simple.
Most people only realise the importance of a Lasting Power of Attorney when it’s too late to put one in place.
If you’ve already seen how valuable it was for a parent or loved one, the question becomes even more important:
Why haven’t you done it for yourselves?
Putting an LPA in place is not about age — it’s about planning ahead.
Because when capacity is lost, options disappear.
And at that point, your family is left dealing with consequences that could have been easily avoided.
Need Advice? Speak to Sanctuary
If this has raised questions — or made you realise this is something you’ve been meaning to put in place — the next step is to have a proper conversation.
At Sanctuary Tax & Trust Services, we take the time to understand your situation, explain your options clearly, and ensure everything is structured correctly from the outset.
Whether you’re starting from scratch or want to sense-check what you’ve already done, we can guide you through the process and help you avoid the common mistakes that cause problems later.
Use the button below to arrange a convenient time to speak with our team.
