The Value of Planning Ahead: LPAs & Court of Protection

What is the Court of Protection?

The Court of Protection is a specialist court responsible for making decisions on the financial and welfare matters of individuals who lack the mental capacity to make these decisions themselves. This may be due to conditions such as dementia or mental health, a life-changing accident, or a condition someone was born with. If an individual loses capacity without Lasting Powers of Attorney(LPA) in place, the Court can appoint a ‘deputy’ to manage an individual’s property and financial affairs or their health and welfare. A successful application to the Court of Protection is required before a deputy can be appointed and start to make decisions on behalf of the vulnerable person. Property and financial affairs deputies are granted authority to manage bank accounts, bills, pensions and property transactions. Health and welfare deputies can make decisions about care, living arrangements and medical treatment, but the Court rarely appoints them and instead expects these decisions to be made through the best interests process by families and professionals together.

The value of planning ahead

Putting LPAs in place allows you to choose trusted people to make decisions for you if you lose capacity in the future. This avoids the need for loved ones to make a costly and time-consuming deputyship application to the Court of Protection. More importantly, it ensures that your wishes are followed and that decisions about your life remain in the hands of those you choose. Sorting your affairs early gives you peace of mind and reduces uncertainty for your family during what can already be a difficult time. With proper planning, you stay in control of who acts for you and how your affairs are managed.

Planning ahead is also crucial for families or guardians supporting a child who has never had the capacity to make an LPA, for example due to a birth injury or lifelong condition. While parents and guardians naturally make decisions for their child before they reach 18, this authority changes once the child legally becomes an adult. At that point, parents and guardians can no longer rely on parental responsibility or their guardianship to make decisions about the vulnerable individuals finances, care or welfare. If the vulnerable person lacks capacity, an application to the Court of Protection for a property and financial affairs deputyship and in some cases a health and welfare deputyship is often required to ensure decisions can continue to be made lawfully. Planning for this transition early helps families avoid gaps in decision‑making and ensures a deputy is in place when needed.

Why the Court of Protection is becoming increasingly important

As the UK population ages, the Court of Protection’s workload continues to grow. The Office for National Statistics projects that the number of people aged 85 and over will almost double from 1.7 million in 2022 to 3.3 million by 2047. The Alzheimer’s Society also estimates that the number of people living with dementia will increase from 982,000 in 2024 to 1.4 million by 2040. With more people likely to experience conditions affecting capacity, more families may need to turn to the Court for support where no LPAs are in place. This makes it more important than ever for individuals to prepare ahead by appointing trusted attorneys while they have capacity. Putting LPAs in place ensures decisions remain in the hands of those you choose and avoids the cost and potential stress of a Court of Protection application.

How we can help

If you would like to talk with our specialist team about putting Lasting Powers of Attorney in place, or you require assistance with a deputyship application, please do get in touch on 01603 610911 or info@leathesprior.co.uk