What Happens If You Don’t Have a Power of Attorney?

  April 29, 2026

What Happens If You Don’t Have a Power of Attorney?

Many people assume that if they became unable to make decisions, their partner or family would automatically step in and take care of things.

In reality, this is not the case.

Without a Lasting Power of Attorney (LPA), your loved ones may not have the legal authority to act on your behalf - even for essential decisions.

Who Can Make Decisions for You?

If you lose the ability to make decisions due to illness, injury or conditions such as dementia, no one automatically has the right to manage your affairs.

This includes:

• Accessing your bank accounts
• Paying bills
• Managing your property
• Making decisions about your care

Even close family members may be unable to act without legal authority.

The Court of Protection Process

Without an LPA in place, your family may need to apply to the Court of Protection to be appointed as a deputy.

This process can be:

• Time-consuming
• Costly
• Stressful

It can also take months to complete, during which time important decisions may be delayed.

Loss of Control

One of the biggest risks is that you lose control over who makes decisions for you.

With an LPA, you choose someone you trust.

Without one, the court decides who is appointed - and this may not be the person you would have chosen.

Delays at a Difficult Time

At a time when quick decisions may be needed, delays can cause real problems.

Bills may go unpaid, financial matters may be left unresolved, and important care decisions may be harder to manage.

This can place a significant burden on your family.

Why Planning Ahead Matters

A Lasting Power of Attorney allows you to:

• Choose someone you trust to act for you
• Ensure decisions are made in line with your wishes
• Avoid delays and legal complications
• Give your family clarity and reassurance

It’s a simple step that can make a significant difference.

Take the First Step

Setting up a Lasting Power of Attorney is often straightforward - but it must be done while you still have the ability to make decisions.

I’m Nicolae Trofin, a professional Will Writer based in Bexhill, helping individuals and families across East Sussex put the right plans in place.

If you would like clear, practical advice, I’m here to help.

Call 01424 410242
Request a Call Back

Free initial consultation with no obligation