How does an Attorney Prove Authority?

By Matt Cresswell, Founder at Power of Attorney Online and author of
Everything you ever wanted to know about LPAs (but were afraid to ask)

12th December 2025

How does an Attorney Prove Authority? If someone loses mental capacity and they haven’t appointed an attorney under a Lasting Power of Attorney (LPA), decisions about their health, welfare or finances cannot legally be made by family or friends on their behalf. In this situation, the Court of Protection steps in Its role is to act in the person’s best interests and decide who can manage life-changing choices for them, but the process can be slow, costly, and emotionally heavy for families.

This is why creating an LPA before capacity is lost is one of the most important steps in later-life planning.

What does the Court of Protection do if there’s no LPA?

The Court’s primary responsibility is to protect vulnerable individuals who cannot make decisions for themselves. Without an LPA in place, the Court may:

• Appoint a Deputy to handle financial or health decisions
• Authorise one-off decisions, such as selling property or paying care fees
• Resolve family disagreements about what should happen
• Oversee ongoing supervision and reporting requirements

Instead of decisions being made quickly and personally by chosen attorneys, they are made formally and legally at Court level.

Why can’t family automatically make decisions without an LPA?

The law does not assume that a spouse, child, or next of kin has decision-making authority over another adult. Even if families know the person best, they are not automatically allowed to:

• Access bank accounts
• Pay bills or manage investments
• Sell a home to fund care
• Consent to specific medical treatment
• Choose a care home

Without an LPA, all of these actions require Court approval, which can take months.

How long does the Court of Protection process take?

Timescales vary, but many families experience:

• Applications taking several months to approve
• Additional time if family members disagree
• Delays when urgent financial decisions are needed

During this period, assets can be frozen, bills can go unpaid and care decisions may stall. An LPA removes this waiting period entirely.

Is it expensive if the Court of Protection has to step in?

Yes, Court intervention is significantly more expensive than registering an LPA. Families may face:

• Court application fees
• Ongoing supervision charges
• Professional deputy costs if appointed

By contrast, registering an LPA using a service like Power of Attorney Online is far cheaper, faster and more personally controlled.

What is the biggest risk of not having an LPA?

Control is lost. Instead of the individual choosing who they trust, the Court selects a Deputy. This may be a family member, but it could also be a solicitor or local authority representative.

In short: With an LPA, your voice is protected. Without one, decisions are made for you.

Written by Matt Cresswell

Matt Cresswell is the Founder of Power of Attorney Online, a service helping people across England and Wales create Lasting Powers of Attorney through guided online support and expert document reviews. He founded the business following his father's diagnosis with dementia, after experiencing first-hand how confusing the LPA process can be for families. Matt's expertise focuses on Lasting Powers of Attorney, planning ahead and helping families prepare for the future before a crisis occurs.