What happens when there is no power of attorney in place?

So, now you know when to get a power of attorney set up. But what if you are too late?

There is an alternative option you can use, if you need to help someone who has already lost the mental capacity to give their consent. It’s called becoming a deputy.

Becoming a deputy is more complicated and time-consuming than getting power of attorney. You have to be prepared for a great deal of scrutiny.

It’s also more costly. You need to pay a £365 application fee, plus £485 if the court decides your case needs a hearing. After you’ve been appointed as deputy, you have to pay an annual supervision fee. This could be £320 for general supervision or £35 for minimal supervision. You’ll also pay a £100 assessment fee if you’re a new deputy.

So, if it’s at all possible, it’s far better to get a power of attorney set up in good time.