Why Many Families Regret Not Creating an LPA Earlier
The painful consequences that families face when a loved one loses capacity without a Lasting Power of Attorney in place.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Every week, families across England and Wales discover — too late — that they have no legal authority to help a loved one who has lost mental capacity. The stories follow painfully similar patterns: a parent develops dementia, a spouse has a stroke, or an adult child suffers a brain injury. Without a Lasting Power of Attorney, the family finds itself locked out of bank accounts, unable to make care decisions, and facing a costly, emotionally draining application to the Court of Protection. These are not rare or extreme cases. They happen to ordinary families every single day.
At a glance
- Without an LPA, banks freeze accounts when they learn a customer lacks mental capacity — even from a spouse
- The alternative route (deputyship via the Court of Protection) typically costs £2,000–£5,000 and takes 4–6 months
- Registering an LPA costs £92 per document with no ongoing fees or annual reporting
- Family disputes over who should apply for deputyship can result in a court-appointed professional stranger managing your loved one’s affairs
Frozen Bank Accounts and Mounting Bills
One of the most immediate and distressing problems families face is the loss of access to their loved one's money. When a bank becomes aware that an account holder lacks mental capacity — whether through a failed transaction, a branch visit, or a notification from a care provider — the account is typically frozen. Direct debits may be stopped, standing orders cancelled, and all access denied.
This means that the person's mortgage payments, utility bills, council tax, and insurance premiums may go unpaid. If they are in a care home, the fees cannot be settled. Family members often find themselves paying these costs out of their own pockets for months while they wait for a Court of Protection order — money they may never be able to reclaim.
In some cases, the consequences escalate further. Unpaid mortgages can lead to arrears and the threat of repossession. Unpaid council tax can result in enforcement action. Insurance policies lapse, leaving property unprotected. All of this could be avoided if an LPA had been in place, giving a trusted person the authority to manage these financial obligations.
The Court of Protection Alternative: Expensive and Slow
Without an LPA, the only route to gaining legal authority over someone's affairs is through the Court of Protection. This involves applying to become a "deputy" — a court-appointed person who can make decisions on behalf of someone who lacks capacity.
The deputyship process is significantly more burdensome than creating an LPA. The court application fee is £371, but the total cost — including solicitor fees, medical assessments, and a deputyship bond — typically runs between £2,000 and £5,000. The process takes an average of 4–6 months, and in contested cases, it can take much longer and cost considerably more.
Once appointed, a deputy faces ongoing annual supervision fees of £320 and must submit detailed annual reports to the Office of the Public Guardian. By comparison, registering an LPA costs £92 per document and involves no ongoing fees or reporting requirements. For a full comparison, see our guide on why an LPA is cheaper than the Court of Protection.
Key point: An LPA costs £92 to register. A deputyship order through the Court of Protection typically costs £2,000–£5,000 and takes months. The financial and emotional savings of acting early are enormous.
Family Disputes and Broken Relationships
When there is no LPA in place, the question of who should apply to become deputy can create deep rifts within families. Siblings may disagree about who is best placed to manage a parent's affairs. One family member may feel they should have control, while others distrust their motives. These disputes can be painful, prolonged, and incredibly expensive if they end up being contested in court.
An LPA prevents this by allowing the person themselves to choose who they trust to act on their behalf. The decision is made when the donor is well and able to think clearly about who would be the best fit. This removes the potential for family conflict and ensures that everyone knows, in advance, who has been chosen and why.
In the worst cases, family disputes over deputyship can result in the court appointing a professional deputy — a stranger — to manage the person's affairs. Professional deputies charge significant fees, which come out of the incapacitated person's estate. This outcome satisfies no one, least of all the person whose interests are supposed to be protected.
Medical and Care Decisions Made Without Family Input
When someone loses capacity and needs residential care, the decisions about where they live and the type of care they receive are among the most important choices a family will ever face. Without a Health and Welfare LPA, these decisions may be made by healthcare professionals or local authority social workers, with the family having limited or no formal say.
Medical staff will consult with family members where possible, but they are under no legal obligation to follow the family's wishes. If there is disagreement between family members about the best course of action, or between the family and medical professionals, the absence of an LPA means there is no one with clear legal authority to make the final call.
A Health and Welfare LPA solves this by giving a named attorney the legal right to make these decisions, guided by the donor's known wishes and best interests. The attorney can choose the care home, agree to or refuse treatment, and ensure that the person's preferences are respected.
A Family Home That Cannot Be Sold
Selling a family home to fund care costs is one of the most common reasons families need access to a loved one's assets. Without an LPA, this is simply not possible. No one can sign the legal documents required to sell another person's property without explicit legal authority.
This can create an agonising situation. The person may need care that costs £1,000 or more per week. The family home — often the person's most valuable asset — sits empty and unsold. Local authorities may fund care temporarily, but they will seek to recover costs from the person's estate later. Meanwhile, the property may deteriorate, lose value, or become a target for burglary.
To understand the full scope of problems that arise when no LPA exists, see our detailed guide on what happens without an LPA.
The Emotional Toll
Beyond the financial and practical consequences, the emotional impact on families is profound. At a time when they should be focused on supporting their loved one, families instead find themselves navigating complex legal processes, filling in court forms, gathering medical evidence, and dealing with solicitors.
The guilt can be overwhelming too. Many family members blame themselves for not having conversations about LPAs earlier, or for not encouraging their parent or partner to set one up. The phrase "we always meant to get round to it" echoes through countless Court of Protection applications.
The good news is that you can prevent this from happening to your own family. Creating an LPA is a relatively quick and affordable process that removes the risk of these painful scenarios. For more information on what is involved, read our guide on the Court of Protection.
Learning from Others' Experience
The families who go through the Court of Protection process almost universally say the same thing: "If only we had set up an LPA." Planning ahead is not about expecting the worst — it is about protecting the people you love from unnecessary hardship.
Creating an LPA takes a fraction of the time, a fraction of the cost, and a fraction of the stress compared to the alternative. It is one of the most important things you can do for your family's future.
Don't wait until it's too late. Our guided LPA service makes it easy to protect your family, starting from just £92 to register. See pricing.
Key Takeaways
- Frozen accounts hit hardest first — banks are legally required to freeze sole accounts once they know a customer lacks capacity, leaving families unable to pay mortgages, care fees, and household bills
- Deputyship is not a quick fix — the Court of Protection process takes 4–6 months on average, costs £2,000–£5,000 upfront, and carries £320 per year in ongoing supervision fees
- No family member has automatic authority — marriage, civil partnership, and next-of-kin status give no legal right to manage another adult’s finances or make binding medical decisions
- An LPA is one of the most cost-effective legal protections available — at £92 per document with no annual charges, it avoids the financial and emotional burden of court proceedings
LPA Regrets: Questions We Hear Most
Can my family access my bank account if I lose mental capacity without an LPA?
No. Without an LPA, banks will typically freeze accounts once they become aware the account holder lacks mental capacity. Your family would need to apply to the Court of Protection for a deputyship order, which can take months and cost thousands of pounds.
Can my spouse automatically make decisions for me if I become incapacitated?
No. Being married or in a civil partnership does not give your spouse any automatic legal authority to manage your finances, sell property, or make medical decisions on your behalf. Only a registered LPA or a Court of Protection order grants that authority.
How much does it cost if my family has to go to the Court of Protection instead of having an LPA?
A deputyship application typically costs £2,000 to £5,000 including court fees, solicitor fees, and medical assessments, plus £320 per year in ongoing supervision fees. By contrast, registering an LPA costs just £92 with no annual charges.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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