What happens if you don’t have a Power of Attorney?

If you become mentally incapacitated (e.g., through dementia or a stroke/accident) and don’t have anyone with power of attorney already set up when this happens, even your husband/wife is unable to just step in and deal with things on your behalf. This often comes as a shock.

Your finances can get stuck.

Without a Lasting Power of Attorney (LPA), no one can legally:

Take money from your bank accounts and pay bills.

Deal with pension, benefits, or investments

If necessary, sell your home to pay for care

Take care of ongoing admin, such as insurance renewals

Your accounts cannot be discussed with banks or organisations, so funds pile up amid panic.

Your person might not always get what they want in the decisions made

The default decision-maker won’t be “whoever knows you best”. Professionals will make decisions in your best financial, health, and care interest, but do not assume that family members have an equal say – particularly if there are disputes.

Applications by your family

Usually, to control finances, a family member has to become that person’s deputy. This process can be:

Time-consuming (often months)

It is costlier than creating an LPA.

The simple takeaway

Legal Power of Attorney (LPA) is all about control and clarity. It allows you to dictate who will represent your best interests, define parameters, and avoid unnecessary delays when your family requires things to run like clockwork. For Power of Attorney Hertfordshire, visit https://beesandco.com/our-services/power-of-attorney/hertfordshire/

Tip: create an LPA while you still have the capacity to do so, and think about setting up one of each kind – property and financial affairs, plus health and welfare, which ensures full protection.

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Timothy Pourner

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