Imagine, for a moment, that an unexpected accident or a sudden illness leaves you unable to make decisions for yourself.
Most of us assume that our next of kin – our spouse, partner, or adult children – would naturally step in to manage our bank accounts, pay the mortgage, or decide on our medical treatment.
“In the UK, this is one of the most dangerous legal misconceptions,” says Karen Starkey, Head of the Private Client (Wills, Probate, Lasting Powers of Attorneys) team at KWW Solicitors of East Molesey.
“Without a Lasting Power of Attorney (LPA), your loved ones have no automatic legal right to manage your affairs. Instead, they are left locked out, facing a bureaucratic nightmare at the very moment they are most vulnerable.”
Despite the growing awareness of later-life planning, a significant portion of the UK population remains unprotected.
Research by Solicitors for the Elderly found that while 86% of people want their families to make decisions for them if they lose capacity, only 14% have actually set up an LPA.
The Office of the Public Guardian (OPG) now holds more than million registered LPAs. In 2024/25 alone, more than 1.3 million new applications were processed.
Interestingly, younger generations are waking up to the risk. There has been a 204% increase in applicants aged 18–24 and a 217% increase in those aged 25–34 over recent years. They recognise that “loss of capacity” isn’t just a symptom of old age, it can happen to anyone at any time.
What happens without an LPA?
If you lose the mental capacity to make decisions and do not have a valid LPA in place, your family must apply to the Court of Protection for a ‘deputyship’ order. This is a public, court-led process that is expensive and slow.
Application fees and potential legal costs often run into thousands of pounds, far exceeding the cost of setting up an LPA, and it can take six months or longer to appoint a deputy. During this time, your bank accounts may be frozen, and no one can pay your bills or access your savings to fund your care.
It’s also intrusive because it is the court, not you, that decides who is fit to manage your affairs. They may even appoint a professional deputy (like a solicitor or local authority official), who will charge annual fees to your estate.
The risk to your children
The stakes are highest for parents. If you have minor children and both parents lose capacity (for example, in a car accident), the lack of an LPA creates a ‘guardianship gap’.
While many parents appoint guardians in their Will, a Will only takes effect upon death. If you are alive but incapacitated, those instructions do not apply.
In the absence of a Health and Welfare LPA that specifies your wishes or appoints trusted individuals to make decisions about your children’s upbringing, the local authority may be required to step in. This could lead to children being placed in temporary foster care while the court determines who should look after them.
Furthermore, if your children are young adults (over 18) but have complex needs or lack capacity themselves, you lose the legal right to manage their finances or health once they reach adulthood, unless you are appointed as their deputy or they have their own LPA.
The two types of protection
When we talk about an LPA, we are actually talking about two separate legal documents. You can choose to make one or both (though we strongly recommend both):
| Type of LPA | What it covers | When it can be ssed |
| Property & Financial Affairs | Paying bills, selling a home, managing investments, collecting pensions | Can be used as soon as it is registered (with your permission) or only if you lose capacity |
| Health & Welfare | Medical treatment, moving into a care home, daily routine (diet, dress), life-sustaining treatment | Only usable once you have lost the mental capacity to make your own decisions |
Why you should act now
As of November 17, 2025, the registration fee for each LPA document increased from £82 to £92. While the £10 increase may seem small, the real cost is the risk of a DIY error.
Data from 2024 revealed that more than 133,000 LPA applications were rejected due to human error. Mistakes in these documents can’t always be fixed; often, you have to start again and pay the fee a second time. If you have already lost capacity by the time the error is discovered, it’s too late to sign a new one.
How KWW Solicitors can help
While the Government has introduced digital tools to make LPAs more accessible, the legal implications remain complex. A solicitor ensures the LPA is drafted correctly, provides a professional ‘Certificate Provider’ signature to prove you weren’t pressured into the agreement; and can add specific preferences and instructions so your attorneys know exactly how you want your money spent or your care handled.
An LPA is essentially an insurance policy for your autonomy. It ensures that if the worst happens, the people you love and trust are the ones in the driver’s seat.
IMPORTANT: This article is for information purposes only. For formal, tailored legal advice, please contact Karen Starkey at KWW Solicitors