The Hidden Consequences of Not Having a Power of Attorney

Created: 9 February 2026

As solicitors practising in England and Wales, we often experience the significant legal and practical challenges that arise when a Lasting Power of Attorney (LPA) is not in place. When a relationship is affected by an unexpected loss of mental capacity and no LPA exists, families can find themselves facing a costly, lengthy and emotionally challenging legal process at the worst possible time.

What happens when mental capacity is lost?

Mental capacity can be lost suddenly or progressively. A stroke, brain injury, dementia, or serious illness can leave a person unable to manage their finances or make informed decisions about their health or care. If no valid LPA is in place at that point, no one, not a spouse, civil partner, or adult-aged child, automatically has legal authority to act on their behalf. This is a common misconception. In UK law, “next of kin” has no formal legal status when it comes to decision-making.

Financial paralysis and practical disruption

From a solicitor’s perspective, the most immediate impact is often financial. Without a Property and Financial Affairs LPA:

-Bank accounts may be frozen or restricted -Bills, mortgages, and care fees may go unpaid -Pensions and investments cannot be managed -Property cannot be sold or rented to fund care

Even where funds are available, families may find themselves unable to access them lawfully. We regularly see relatives paying expenses out of their own pockets while waiting for the authority to act, sometimes for many months.

Health and welfare decisions are left uncertain

The absence of a Health and Welfare LPA creates a different, but equally serious, problem. Without one:

-Loved ones have no legal authority over care or medical decisions -Decisions about care homes, living arrangements, or life-sustaining treatment may be made without family consensus -Disagreements between relatives can escalate with no clear decision-maker

Doctors and local authorities must act in the person’s “best interests” under the Mental Capacity Act 2005. While this framework is essential, it does not replace the clarity and reassurance of a trusted attorney appointed by the individual themselves. From a solicitor’s experience, disputes over care and treatment are among the most distressing cases dealt with, and many could have been avoided with a properly drafted Health and Welfare LPA.

Loss of choice and personal autonomy

Perhaps the most significant, and least appreciated, consequence is the loss of personal choice. An LPA allows an individual to decide:

-Who will make decisions for them? -How those decisions should be approached -What values, beliefs, and wishes should guide their care and finances?

Without an LPA, these decisions are governed by statutory rules rather than personal preference. The individual’s voice, carefully expressed throughout their life, may be absent at the moment it matters most.

Increased risk of family conflict

Where authority is unclear, conflict often follows. There are frequently disputes between family members over:

-Who should apply to become a deputy? -How money should be spent -Where someone should live or what care they should receive

These disagreements can permanently fracture relationships. From a solicitor’s perspective, this is one of the most painful aspects of such cases: conflict arising not from malice, but from a lack of legal preparation.

A preventable problem

What makes these situations particularly difficult is that they are almost entirely preventable. Putting an LPA in place:

-It is relatively straightforward and affordable -Can be done while someone is fit, healthy, and independent -Offers reassurance rather than loss of control

An LPA is not just for older people. Mental capacity can be lost at any age, and early planning is a mark of prudence, not pessimism.

In our experience, it is uncommon to meet a client who regrets putting an LPA in place, yet we frequently work with families who profoundly regret not having done so. From a professional perspective, an LPA is more than a legal document. It is an act of foresight, care, and responsibility; ensuring that, should the unexpected occur, your affairs and your wishes remain in trusted hands. It is one of the most avoidable difficulties in private client law, yet it remains surprisingly widespread. An LPA is not about giving up independence or anticipating the worst. It is about preserving autonomy, protecting loved ones, and ensuring continuity of care.