What happens if you don't have a power of attorney?


If you no longer have the capacity to make decisions for yourself and you do not have a power of attorney, then someone will have to apply to the Court of Protection to become your deputy.

There are two types of application that can be made to the Court of Protection - for a deputy to be appointed to manage your property and financial affairs and/or for a deputy to be appointed to make decisions about your health and welfare. Obtaining orders from the court for property and affairs is lengthy and expensive, often resulting in frustration for family and friends, as well as delays of up to nine months before care fees and other bills can be paid.

Orders appointing a health and welfare deputy are rare as the local authority and NHS already have a statutory duty to ensure that your care and medical needs are met. Without a health and welfare power of attorney, decisions are often taken away from family and friends.

Our specialist Court of Protection team offers expert support and advice if you need to apply to the court on behalf of a loved one. We will also provide guidance if you have been appointed as deputy.

I am based at our Colchester office and can be reached on  01206 217 395 or amanda.smallcombe@birkettlong.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.