What happens if I don’t have a LPA?
If there is no Lasting Power of Attorney in place when mental capacity is lost then a family member, friend or solicitor will have to apply to the Court of Protection to be appointed as your Deputy.
The following shows an example of what can happen when Incapacity strikes and there is no Lasting Power of Attorney in place:
All this will go on day in day out, until her husband either recovers or dies.
The other real tragedy behind this story is that Fiona and David knew full well that they could have organised LPAs for a fraction of the cost charged by the Court of Protection, and so avoided all the stress and intrusion. But time and time again they put off making a decision until David was struck down and that decision was taken away from them.