Many families discover too late that a loved one did not have a Lasting Power of Attorney in place. When someone loses mental capacity — through dementia, stroke, or serious illness — without an LPA, their family has no automatic legal authority to manage their affairs. This applies even to spouses and civil partners.
The only route available is to apply to the Court of Protection for a deputyship order. This gives a family member legal authority to manage the person's property and financial affairs, or their health and welfare, or both.
The application process typically takes six months to a year. Court fees start at around £371 for the application, plus a further £494 assessment fee if the court needs to assess the person's capacity. Solicitor fees for managing the application add further cost. Once granted, deputies are supervised by the OPG and must submit annual reports.
While waiting for a deputyship order, families often struggle to pay bills or access funds. Some banks have processes for allowing a family member to manage essential expenses with evidence of the situation — contact the bank's specialist team directly.
The DWP can appoint someone as an appointee to manage benefits payments. For urgent property or financial decisions, legal advice is essential.
The time to set up a Lasting Power of Attorney is before it is needed. Once someone has lost capacity, it is too late. If your loved one still has capacity, even if they are ill or elderly, now is the time to set up an LPA. A solicitor can help if the process feels complex or if there are concerns about capacity.
If someone has passed away, Behalf guides you through everything that needs handling — at your own pace, one step at a time.