The family with no power of attorney

Updated 12 November 2026

An illustrative example based on a common situation. Names and details are invented.

Alan had always been fiercely independent. He kept his finances to himself and brushed off his children whenever they mentioned "paperwork". When dementia set in, it set in quickly.

What happened

Within a year, Alan needed a care home. His son and daughter found a good one near them, but the fees were nearly £1,400 a week and Alan's money was in accounts they couldn't access. His house was empty and needed to be sold or let, but nobody had authority to do either.

The fallout

  • The bank wouldn't discuss Alan's accounts with his children.
  • They had to apply to the Court of Protection to become deputies, which took many months.
  • In the meantime, they paid some of the fees themselves and the empty house deteriorated.
  • As deputies, they now have to report to the court every year.

What could have been different

Two lasting powers of attorney, made while Alan was well, would have let his children step in immediately. Once capacity has gone, it's too late to make them.

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