09/05/2025
What would happen to you if you didn’t make a Lasting Power of Attorney? Assuming that you’re going to live to grand old age and have no health problems or mental capacity problems and are able to make your own decisions and living independently to the day you die then the answer to the question is nothing!
The trouble is however life is not that simple. Although elderly people are more vulnerable to things going wrong with that physical and mental health anything could happen to anyone at any age. If something happens to you, which makes you incapable of handling your life either physically or mentally, then it may be that you won’t have the power to make your own decisions for yourself, or physically look after yourself. In the event of any of these situations happening, Social Services will step in along with the National Health Service and dictate, possibly where you live what medical treatment you receive and your life generally, whether you like it or not . Under the Mental Capacity Act 2005 Code of Practice, decisions must be made in your “best interest”  taking into account local authority budgets and your wishes and the wishes of your family, however, this is not always possible . You may end up living somewhere far away from your family and friends , or not being looked after as well as you would like to be.
If you make a Lasting Power of Attorney which could either be for your property and financial affairs or in respect of your health and welfare you have the power to decide who should be making decisions for you on your behalf and taking care of your affairs whether they are health matters or financial matters. Should something happen to you or you’re just too old to look after yourself anymore, by making a Lasting Power of attorney you are taking control of your future, and appointing people to be your attorneys who you trust and know that care about you, and carry out your wishes to the best of their ability. Making a Lasting Power of Attorney now does not mean that you are handing over power to your appointed attorneys now. The Lasting Powers of Attorney can be used as soon as it is registered if you so wish, or when you lose mental capacity.
If you don’t have a Lasting Power of Attorney and become mentally incapable, or physically unable to live independently your friends or family would have to make an application for a Deputyship Order to the Court of Protection, because it will be too late to make a lasting power-of-attorney at that stage . The Deputyship order would enable the Deputy to manage your affairs and make decisions on your behalf . This is a very expensive procedure and can take as long as a year to go through the system during which time you would be at the mercy of Social Services, care homes, and your GP. Your family or friends would have no power over what happens to you, unless one of them is appointed a Deputy by the Court of Protection. Sometimes the court do not approve the application by your family or friends and instead appoint someone you don’t know as your Deputy. The whole process has many stages, in each stage there are fees in hundreds of pounds to pay.
It is therefore much better to make a Lasting Power -of-Attorney now and just relax knowing that everything is going to be taken care of in the event of anything happening to you in the future. The cost of making a Lasting Power of Attorney is far cheaper than applying for a Deputyship Order, and it puts you in control. Think of it as an insurance.
If you would like to know more about Lasting Powers of Attorney or would like to make one, it’s advisable that you use a professional person to do this work for you.
As a lawyer, I have years of experience and would be happy to explain more to you over the telephone free of charge . Here at Willcare Always Law I care about what happens to you, my fees are very competitive. Please do not hesitate to contact me. Please visit my website for more information. Www.willcarealways.com

For will writing and lasting powers of attorney, speak to Willcare Always in Loughborough. I'm fully qualified and regulated. Call to enquire.