If you do not make an LPA and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make managing your affairs very difficult, and tasks such as paying bills, paying for care costs, and making decisions about your future care will be impossible without involving the Court of Protection.

The Court of Protection will then decide who will manage your affairs. This position is known as a “Deputy” who may be a relative, or it may be a professional such as a solicitor or an accountant. The process of appointing a deputy is long, arduous and expensive. The deputy must regularly report and seek authorisation from the court, pay annual fees and make annual reports. The cost will run into thousands of pounds during the first and subsequent years, and the process will continue until your death.

It is, without question, easier, less complex and substantially less expensive to be an Attorney under the provisions of an LPA, than it is being a Deputy of the Court of Protection.