What Happens If Someone Can’t Make Their Own Decisions Anymore?

It is not something most people like to think about, but it is an important consideration. If someone loses the ability to make decisions for themselves, whether due to illness, injury or age-related conditions, the situation can quickly become complex. Without the right legal arrangements in place, even simple decisions can become difficult to manage.

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Many families assume that they will automatically be able to step in and help if needed. In reality, this is not usually the case, and the lack of preparation can lead to unnecessary stress at an already challenging time.

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What happens without a Lasting Power of Attorney

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If no Lasting Power of Attorney is in place, loved ones do not automatically have the legal authority to make decisions on someone’s behalf. Instead, someone will need to make an application the Court of Protection, which can be both time-consuming and costly. (This may not be the person you would have chosen to do it for you.) The court process will delay important decisions and create additional pressure for families. The Court of Protection can take as long as a year to make deputyship orders and, while they will grant someone the ability to manage a loved one's finances, you may have to make multiple applications to cover each care decision.

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During this time, your loved ones may well have no access to finances or the ability to make decisions about your care. 

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Why planning ahead matters

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An LPA allows you to appoint someone you trust to make decisions about your finances, property or health and welfare if you are no longer able to do so. Putting this in place early ensures that your wishes are respected and that decisions can be made without unnecessary delay. It also provides reassurance to those around you, knowing that everything is clearly documented.

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Avoiding unnecessary complications

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Without an LPA, even relatively straightforward matters such as managing bank accounts or dealing with property can become impossible. Families can find themselves navigating unfamiliar legal processes at a time when they are already under pressure. Planning ahead helps remove these barriers and provides clarity for everyone involved.

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Putting the right safeguards in place

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At Marsons Solicitors, we help clients across South London, Bromley and Kent put LPAs in place with confidence, ensuring everything is properly prepared and registered. Taking action now can make a significant difference in the future, both in terms of ease and peace of mind. It is a simple step that can prevent much more complex issues later on.

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Learn more about our LPA services here: https://www.marsons.co.uk/services/personal/lasting-power-of-attorney