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Welcome to Abbey Legal Services

Thank you for visiting our website to find out more about the consequences of not making your Lasting Powers of Attorney.

We pride ourselves in offering a friendly, competitive and fuss-free service, and are happy to arrange a no-obligation meeting. This will usually be in the comfort and privacy of your own home and at a time to suit you. That means no need for travel, parking or taking time-out!

Within these pages you’ll find a wealth of information about protecting you and your loved ones. Especially at times when we become most vulnerable. And although legal matters can sometimes be a little complicated we have tried to present the details of our services in a language you can understand.

You are also invited to use our Quick Enquiry form, or to give us a call us on our dedicated Help Line 01773 443301. We’ll be more than happy to discuss any queries you may have. There is also a Quick Links section on each page to help you find other relevant information.

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The Consequences of not Making an LPA

What happens if I haven’t made my Lasting Powers of Attorney and I lose mental capacity?

If there are no Lasting Powers of Attorney in place, then there is no one with legal authority to manage your affairs, for example to access your bank and savings accounts, your investments, or sell your property on your behalf.

Unfortunately many people assume that their spouse, partner or children can just take over – but this is certainly not the case. In such situations, for someone to obtain legal authority to manage your affairs, they have to apply to the Court of Protection. The court appoints a ‘Deputy’, who is usually an accountant or solicitor, and therefore much more costly than appointing Attorneys under an LPA. Until a Deputy has been appointed by the Court, no access to a joint account is allowed and this process can take between 6-12 months, or even longer!

If you have not appointed your Attorneys, the costs involved if your family has to apply to the Court of Protection can be extremely expensive. As an indication, in the first year Court Costs and Solicitors Fees plus Statutory Reports are likely to be around £3,500, with ongoing annual costs of about £2,000 each year the Deputy has to act for the person who has lost capacity.

Challenging Decisions Made by the Authorities

The provision of care, the quality of that care and who pays for it, is decided on assessment by the NHS and Social Services. However, without Lasting Powers of Attorney there is no right for family to be present at such assessments, and decisions made cannot be challenged! Full disclosure of NHS and Social Service records are vital, but without LPA’s, such records can be withheld, and these organisations can legally refuse to correspond or deal with the family. So it really is vital that your LPA’s are in place.

Get in Touch

Would you like more information on how we could help you to make your Lasting Powers of Attorney? Or do you want to arrange a free home meeting?

If so, please call us on 01773 443301, or send us a message using the Quick Enquiry form. We look forward to hearing from you.

Quick Enquiry

The Consequences of not Making an LPA

What happens if I haven’t made my Lasting Powers of Attorney and I lose mental capacity?

If there are no Lasting Powers of Attorney in place, then there is no one with legal authority to manage your affairs, for example to access your bank and savings accounts, your investments, or sell your property on your behalf.

Unfortunately many people assume that their spouse, partner or children can just take over – but this is certainly not the case. In such situations, for someone to obtain legal authority to manage your affairs, they have to apply to the Court of Protection. The court appoints a ‘Deputy’, who is usually an accountant or solicitor, and therefore much more costly than appointing Attorneys under an LPA. Until a Deputy has been appointed by the Court, no access to a joint account is allowed and this process can take between 6-12 months, or even longer!

If you have not appointed your Attorneys, the costs involved if your family has to apply to the Court of Protection can be extremely expensive. As an indication, in the first year Court Costs and Solicitors Fees plus Statutory Reports are likely to be around £3,500, with ongoing annual costs of about £2,000 each year the Deputy has to act for the person who has lost capacity.

Challenging Decisions Made by the Authorities

The provision of care, the quality of that care and who pays for it, is decided on assessment by the NHS and Social Services. However, without Lasting Powers of Attorney there is no right for family to be present at such assessments, and decisions made cannot be challenged! Full disclosure of NHS and Social Service records are vital, but without LPA’s, such records can be withheld, and these organisations can legally refuse to correspond or deal with the family. So it really is vital that your LPA’s are in place.

Get in Touch

Would you like more information on how we could help you to make your Lasting Powers of Attorney? Or do you want to arrange a free home meeting?

If so, please call us on 01773 443301, or send us a message using the Quick Enquiry form. We look forward to hearing from you.

Quick Enquiry

Quick Enquiry

The Consequences of not Making an LPA

What happens if I haven’t made my Lasting Powers of Attorney and I lose mental capacity?

If there are no Lasting Powers of Attorney in place, then there is no one with legal authority to manage your affairs, for example to access your bank and savings accounts, your investments, or sell your property on your behalf.

Unfortunately many people assume that their spouse, partner or children can just take over – but this is certainly not the case. In such situations, for someone to obtain legal authority to manage your affairs, they have to apply to the Court of Protection. The court appoints a ‘Deputy’, who is usually an accountant or solicitor, and therefore much more costly than appointing Attorneys under an LPA. Until a Deputy has been appointed by the Court, no access to a joint account is allowed and this process can take between 6-12 months, or even longer!

If you have not appointed your Attorneys, the costs involved if your family has to apply to the Court of Protection can be extremely expensive. As an indication, in the first year Court Costs and Solicitors Fees plus Statutory Reports are likely to be around £3,500, with ongoing annual costs of about £2,000 each year the Deputy has to act for the person who has lost capacity.

Challenging Decisions Made by the Authorities

The provision of care, the quality of that care and who pays for it, is decided on assessment by the NHS and Social Services. However, without Lasting Powers of Attorney there is no right for family to be present at such assessments, and decisions made cannot be challenged! Full disclosure of NHS and Social Service records are vital, but without LPA’s, such records can be withheld, and these organisations can legally refuse to correspond or deal with the family. So it really is vital that your LPA’s are in place.

Get in Touch

Would you like more information on how we could help you to make your Lasting Powers of Attorney? Or do you want to arrange a free home meeting?

If so, please call us on 01773 443301, or send us a message using the Quick Enquiry form. We look forward to hearing from you.