When life is running smoothly, it’s easy to assume you’ll always be able to make decisions for yourself. But illness, injury, or declining mental capacity can happen unexpectedly, and without a Lasting Power of Attorney (LPA) in place, your loved ones could face a long, stressful and expensive process just to help manage your affairs.

When There’s No LPA: The Role of the Court of Protection

If you lose mental capacity and haven’t appointed an attorney, no one— not even your spouse or children— automatically has the legal right to handle your finances, speak to your bank, access your pension, or make health decisions on your behalf. Instead, everything stops until the Court of Protection appoints someone to act for you. This involves an application for what’s known as a “deputyship order.”

What Is a Deputyship Order?

A deputyship order gives a chosen person (the deputy) permission to make certain decisions for you. Unlike an LPA— where you choose who you trust— the deputyship process puts the decision in the hands of the court. The court may appoint a family member, or in some cases, a solicitor or local authority representative may be appointed instead. This lack of control often surprises families and adds emotional strain at an already difficult time.

The Delays: How Long the Process Really Takes

A major issue with deputyships is the timeline. Applying for a deputyship order usually takes six to nine months— sometimes longer if the court is busy or if there are questions about the application. During this time, bills can go unpaid, accounts remain frozen, care decisions are delayed and families are often left powerless just when urgent support is needed. By contrast, a registered LPA is ready to use immediately if capacity is lost.

The Financial Cost to Your Family

Deputyship is significantly more expensive than setting up an LPA. Families must usually pay:
• Court application fee
• Solicitor’s fees (if professional help is needed)
• Annual supervision fees
• A security bond (an insurance-type protection required by the court)
These costs can easily run into the thousands over time, and because there is no planning in advance, the financial burden often arrives during an already stressful period. An LPA, on the other hand, is far cheaper to set up and has no ongoing annual costs.

The Court Makes the Rules, Not You

Because you haven’t set out your wishes in advance, a deputy’s powers can be restricted. They may need to apply for permission for larger transactions, which causes further delays and additional expense. Deputies must also report to the court every year, explaining decisions made. This supervision— while important— can feel intrusive and overwhelming for family members who simply want to act in your best interests. With an LPA, your wishes are clear, your attorney’s powers are defined by you, and the whole process is far more straightforward.

The Emotional Impact on Those You Leave Behind

Perhaps the most important aspect is the emotional strain. When capacity is lost, families are already dealing with shock, worry or grief. Adding court forms, legal hurdles, financial uncertainty, and months of waiting only increases the stress. Many people describe the deputyship process as confusing, exhausting and deeply upsetting. By contrast, having an LPA in place offers peace of mind. Your loved ones can step in immediately, confidently and legally— without court involvement.

Planning Ahead Gives You Control

A Lasting Power of Attorney isn’t just a legal document; it’s a way of protecting your independence and easing the pressure on the people you care about most. Without one, the Court of Protection decides who acts for you, how they act, and how long the process takes. With one, you stay in control of your future.
If you’d like help setting up a Lasting Power of Attorney quickly, correctly and with full support, Westfield Wills can guide you through the entire process.

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