Published on: 19th October 2026

What’s the Cost of Not Having a Lasting Power of Attorney for property and financial affairs?

What happens if your mum develops dementia and can no longer manage her finances? Can you step in and make decisions for your partner if they become seriously ill? Many people assume that being someone's closest relative automatically gives them the authority to make decisions on their behalf. Unfortunately, this isn't the case.

Putting off making a Lasting Power of Attorney (LPA) is easy. It can feel like something to think about later, when you're older or when your circumstances change. However, if you suddenly became unable to make decisions for yourself, your family could face unexpected costs, delays and additional stress. The cost of not having an LPA isn't just financial. It can also mean losing the opportunity to choose who you would want to make decisions on your behalf.

The financial cost

If you lose the mental capacity to make an LPA, someone who needs authority to manage your affairs may have to apply to the Court of Protection to become your deputy. The application fee is currently £432, with other potential costs on top, including ongoing supervision fees and a security bond. Professional fees may also apply if a practitioner is instructed. By comparison, the registration fee for an LPA is currently £92 per document; professional fees for preparing it also apply. Making an LPA in advance can therefore help avoid the additional costs associated with applying for deputyship. The exact costs will depend on individual circumstances, but the difference is worth considering when planning ahead.

Your family may not be able to step in

Being someone's spouse, adult child or closest relative does not automatically give you legal authority to manage their bank accounts, savings or property. Without an appropriate LPA, family members may need to apply to the Court of Protection before they can take on certain responsibilities. This can be particularly difficult when bills need paying, property needs managing or important financial decisions cannot wait.

The emotional cost

Imagine trying to support a parent who has developed dementia while discovering that you cannot access their accounts to help pay their bills. Or imagine your partner becoming seriously ill, leaving you uncertain about who can make important decisions and what authority you have. These situations can be stressful enough without additional legal and administrative complications. Having an LPA in place can help your loved ones understand who you have chosen to act for you and the authority they have been given.

You could lose the opportunity to choose

Perhaps the most important cost is the loss of choice. An LPA allows you to appoint people you trust to make decisions on your behalf if you need them to. However, you must have the necessary mental capacity when making your LPA. If you lose that capacity, you cannot simply appoint an attorney afterwards. A deputy may then need to be appointed by the Court of Protection. Although a family member may apply, the appointment is subject to the court's decision, so you cannot guarantee that the person you would have chosen will be appointed. Making an LPA gives you the opportunity to choose your attorneys yourself, while you can.

Planning ahead can make a difference

Making an LPA isn't about expecting the worst. It's about recognising that life can change unexpectedly and taking sensible steps to prepare. You don't need to be elderly to make one. An accident or illness can affect anyone, at any age. By putting an LPA in place, you can choose your attorneys, decide what authority to give them and make your wishes known. It can also give your family greater clarity about how you would want to be supported if you could no longer make certain decisions yourself.

How can Casey & Associates help?

At Casey & Associates, we can guide you through making a Lasting Power of Attorney, helping you understand your options and ensuring your paperwork is prepared correctly. If you've been putting off making an LPA, now is a good time to find out more. Please contact Casey & Associates if you would like to discuss making a Lasting Power of Attorney.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868 190 or click here.

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