What happens if there’s no LPA in place

If a person loses mental capacity and doesn’t have an LPA or EPA in place, their relatives must apply to the Court of Protection (COP) for the right to make decisions on their behalf. However, the COP may not grant these rights and may decide to appoint its own guardian to administer the person’s finances.

It can be an extremely lengthy, stressful and expensive process to deal with the COP. The registration fee alone currently costs £400 and there’s no guarantee that the person applying for decision-making rights (called the ‘deputy’) will be successful. Even if they are successful, they’ll have to pay annual supervision fees and be subjected to frequent audits and checks from the COP to ensure they’re acting in the donor’s best interests. Depending on the size of the estate, they may also need to take out an insurance bond to guard against fraud.

So it’s a much better idea to put an LPA in place well before the person loses mental capacity. Look at our LPA Cost Comparison Table comparing the costs of having your LPA drawn up by Colin Snaith and of applying to the COP.

Put your LPA in place today

Contact Colin today to book a free, no obligation appointment to discuss your LPA. He’ll guide you through completing the paperwork and submit everything to the OPG on your behalf.