If Someone Refuses an LPA

15th May 2026

When people search for If Someone Refuses an LPA, it’s probably because a difficult conversation has reached a standstill.

You may have raised the idea of an LPA with a parent, partner or relative, only for them to dismiss it completely. Sometimes it’s discomfort. Sometimes fear. Or they simply don’t think it’s necessary.

That can leave families feeling stuck, especially if there are already signs of declining mental capacity or memory problems.

An LPA has to be a personal decision

In the UK, a Lasting Power of Attorney can only be created using a service like Power of Attorney Online by someone who understands what they’re agreeing to and chooses to enter into it voluntarily.

You can’t force another adult to set one up, even if on the face of it, it’s for their benefit.

The process is designed that way intentionally. An LPA gives significant legal authority to another person, so the decision must come from the individual themselves on getting it in place.

As part of the application, a certificate provider confirms the person understands the document and isn’t being pressured into signing it.

Why do people often resist the idea?

Refusing an LPA doesn’t always mean someone is being difficult.

For many people, it represents something uncomfortable. Ageing. Illness. Losing their independence.

Others worry they’ll lose control over their finances or healthcare decisions immediately the moment it’s signed, which isn’t how an LPA works.

A registered LPA can simply sit in the bottom drawer, unless it’s needed. But that distinction isn’t always obvious at first.

Sometimes the resistance comes from mistrust or family dynamics. In other cases, the person genuinely feels capable and doesn’t see the point planning ahead at this moment in time.

What happens if nothing is put in place

This is the part many families only discover later.

If someone loses mental capacity without an LPA, relatives don’t automatically gain the right to make decisions for them, even spouses or adult children.

Banks, healthcare providers and other organisations usually need this formal legal authority in place.

Without an LPA, families may need to apply to the Court of Protection to become a deputy. This process is generally slower, more expensive and more restrictive than having a Lasting Power of Attorney already registered with the Office of the Public Guardian.

Approaching the conversation differently

In practice, timing and tone matter a lot when getting this conversation underway.

People often respond better when the discussion is framed around reassurance and preparation, rather than decline or worst-case scenarios down the line.

It can help to explain that:

• they remain in control while they still have capacity
• they choose who acts for them
• the LPA only becomes important if circumstances change

Sometimes hearing real-life examples from others makes the idea feel more practical and less abstract.

Recognising when capacity becomes an issue

There’s an important distinction between someone refusing an LPA and someone no longer having the mental capacity to make that decision.

If capacity has already been lost, then unfortunately an LPA can no longer be created.

That’s why families often feel a sense of urgency once capacity concerns begin to appear.

Moving forward as calmly as possible

Not every conversation about LPAs goes smoothly the first time round.

For some families, it takes months before someone feels comfortable enough to move ahead. Others only revisit the topic after a health scare or a practical problem with finances or care emerges.

The important thing is keeping communication open, without applying pressure that can bring things to a halt.

Because while an LPA can’t be forced, understanding the consequences of not having one often helps people make a more informed decision over time.