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If you could not decide for yourself tomorrow
Who can act for you if you lose capacity, and why a lasting power of attorney has to be made and registered while you are well.
Two roads from one day
Capacity can be lost slowly, or all at once. What happens next depends on a document made while you were well.
With a registered LPA
You choose your attorneys while you are well
Money and property, health and care, or both.
Drafted and signed within two weeks
8 to 10 weeks to registerThen registered with the Office of the Public Guardian. GOV.UK says registration takes 8 to 10 weeks if there are no mistakes in the application, so it pays not to wait.
It waits, unused, until it is needed
Then your attorneys can act for you.
The wait for registration is spent while you are well.
Without one
Nobody has authority over your money
If capacity is lost, not even a spouse can run your own bank accounts or deal with your home. Doctors and carers make care decisions in your best interests, after consulting your family.
Your family applies to the Court of Protection
To be appointed as your deputy. It takes months, has its own fees, and comes with ongoing supervision.
Money matters wait
Bills, accounts and your home can be hard to deal with in the meantime.
What could someone do for you?
Pay the bills from your own account
With a registered LPA
Your money attorney can pay them from your account, once the LPA is registered.
Without one
Nobody can, until the court appoints a deputy. An ordinary power of attorney stops working when capacity is lost.
Use a joint account with your husband, wife or partner
With a registered LPA
Your attorney and the other account holder can usually keep using it.
Without one
The bank may limit the account to essential payments until an attorney or a deputy is in place.
Sell your home to pay for care
With a registered LPA
Your money attorney can sell it for you. If you own it with someone else, a second trustee must be appointed first.
Without one
The court must appoint a deputy first. Until then, the sale waits.
Decide where you live and what care you have
With a registered LPA
Your health and care attorney can decide, but only when you cannot decide for yourself.
Without one
Doctors and carers make care decisions in your best interests, after consulting your family.
Agree to or refuse life-sustaining treatment
With a registered LPA
Your health and care attorney can, but only if your LPA says so.
Without one
Your doctors decide, in your best interests, after consulting your family.
Give birthday and wedding presents from your money
With a registered LPA
Your attorney can give presents on occasions like these, if the amount is reasonable for your estate.
Without one
A deputy can give only what the court’s order allows.
Make a will for you
With a registered LPA
An attorney cannot make a will for you. Only the Court of Protection can authorise one.
Without one
A deputy cannot either. Only the Court of Protection can authorise one.
This result is an indication from your answers alone, not legal advice. Each case is assessed on its own merits. Aaron confirms what you need, in writing, once he has looked at your circumstances.
Any figure set by law is as at October 2026. Aaron checks each point against your facts.
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