In a lot of cases it me not be, so if in doubt, call me on 01323 766766 and we’ll see if the situation might be retrievable before the Court of Protection gets involved. From my point of view, if you are over 18 you should have both types of Lasting Power of Attorney to protect against the unknown future.

Before I tell you more about the Court of Protection, the classic “too late to make LPAs” is when someone gets a bad diagnosis, typically of dementia. In the early days it may well be possible to create effective LPAs, so time is of the essence.

Poor health does not mean LPAs can’t be created.

Variable mental capacity does NOT mean LPAs can’t be created.

Physical problems don’t necessarily mean you can’t make LPAs.

A poor memory and mobility issues doesn’t of themselves mean that Powers of Attorney can’t be created.

LPAs are so crucial, it is always worth exploring the possibility of making them – I may not be able to give a definitive answer but I can tell you if it is worth exploring. It is all about the persons ability to understand what LPAs are and who is best placed to look after them.

Similarly with SEN children reaching 18 – many will still have “mental capacity” and can make LPAs.

But here is what happens if it is to late:

1. Court of Protection steps in

Without a valid LPA and a loss of capacity, the Court of Protection must be asked to appoint a deputy to make your financial and/or welfare decisions—often a slow, complex, and costly process. This process may be started by Social Services or by the family.

WARNING: a family who cannot agree on the choice of family members as Deputies will most likely have professional Deputy appointed.

2. The two types of deputyship

– Property & Financial Affairs: Manages bank accounts, pensions, bills.
– Personal Welfare: Covers living arrangements, medical decisions, care.
Welfare decisions are often reserved for the Court—family or Social Services must apply if you only have financial deputyship.

3. Real-world scenarios

– Family members unable to meet care funding deadlines, waiting months for approval.
– Delays in approving hospital stays, medical treatments or care home placements. Care homes are not keen on people who can’t pay bills for months
– Costs, costs and more costs:

4. Breakdown of costs (England & Wales)

Court & Office of the Public Guardian fees:
– Application fee (per type): £421
– Hearing fee (if needed): £259–£494
– OPG assessment: £100
– Annual supervision fee: £320 general / £35 minimal (less than £21,000 assets)
– Security bond: Varies by estate

Professional deputy fees:
– Finance deputy application: £1,204 + VAT (~£1,445)
– Year 1 management fee: £2,116 + VAT (~£2,539)
– Subsequent years: £1,672 + VAT (~£2,004)
– Welfare-only deputyship: ~£1,500 + VAT plus £408 court fee
– Additional hourly fees can apply for complex cases

5. Why Lasting Powers of Attorney are better

– Speed: Attorneys can act immediately—no waiting months for court approval.
– Cost savings: LPAs cost much lower – see our fees.
– Your choice: You select trusted people, avoiding a court-appointed deputy.

6. Cost comparison summary

No LPA (Deputyship):
– Court application: £421 ×2
– Hearing: £259–£494
– OPG fees: £100 + £320/year
– Bond insurance required
– Solicitor fees Year 1: £1,445
– Annual fees: £2,539

With LPA:
– LPA application: see our fees.
– Attorneys are act immediately
– No ongoing court fees
– No security bonds
– Total setup cost: see our fees. Just once.

7. Real Story: How an LPA Made All the Difference

Margaret, aged 82, had set up both types of LPA years earlier with her daughter Susan named as her attorney. When Margaret had a sudden stroke and lost capacity, Susan was able to step in immediately, managing her bank accounts, liaising with her care home, and making medical decisions without any delays.

In contrast, Susan’s friend Alan was dealing with his father’s similar situation but without any LPAs in place. The family had to apply to the Court of Protection, pay over £2,000 in initial costs, and wait four months before being allowed to access his finances or even move him into appropriate care. Worse still, they couldn’t make medical or personal decisions without going back to court, because the Court of Protection judge decided that the Deputyship only covered financial matters.

As Susan put it:
“Mum’s LPA saved us so much stress. We could focus on her, not the paperwork. Poor Alan was still chasing court forms while we were sorting care.”