What Happens If You Lose Mental Capacity Without an LPA in England & Wales?

This guide covers the law in England and Wales only. Scottish and Northern Irish law differs — separate arrangements exist in those jurisdictions.

If you lose mental capacity without a Lasting Power of Attorney in England and Wales, no one — not your spouse, children, or closest family — has automatic legal authority to manage your finances or make decisions about your care. Your family must apply to the Court of Protection, a process that takes 6–12 months and costs significantly more than setting up an LPA in advance. Here's exactly what happens and why acting now matters — setting up a lasting power of attorney UK is the only way to avoid this outcome. For background, see what a Lasting Power of Attorney is and how it works — and the guidance from the Office of the Public Guardian.

The Harsh Reality

If you lose your mental capacity before making a Lasting Power of Attorney, you will no longer be able to choose who will make decisions for you. This is because you can only make an LPA while you still have mental capacity. For a complete guide to LPAs, see our detailed walkthrough.

No matter how close your family is, no matter how long you have been married, and no matter how obvious your wishes may seem — without a valid, registered LPA, no one has automatic legal authority to manage your affairs. Not your spouse. Not your adult children. Not your closest friend.

If you lose capacity without a Lasting Power of Attorney, your family, friends, or sometimes a professional adviser must apply to the Court of Protection to become your deputy in order to have authority to manage your affairs.

What Is the Court of Protection?

The Court of Protection is a court that deals with decisions or actions taken under the Mental Capacity Act. You, or someone helping you, would need to apply to the court if someone needs permission from the court to make decisions about you — whether about your health, welfare, financial affairs, or property.

The Court of Protection exists to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. The court can appoint a deputy to make ongoing decisions, or make one-off decisions through a court order.

It is not a quick process. It is not a cheap one. And crucially, it is not within your control — because by the time the Court of Protection becomes involved, you have already lost the capacity to direct what happens.

What Is a Deputyship?

If you need to help someone who no longer has mental capacity, you can apply to the Court of Protection for a deputyship order appointing you as their deputy. You can apply for a property and financial affairs order, or for a personal welfare order, depending on what assistance you need to give.

A deputy is a person the Court of Protection appoints to make decisions for you. They can do this when you have lost capacity to make decisions yourself. A deputy is different to an attorney — an attorney is someone you appoint yourself, while you still have capacity. The court appoints a deputy.

This distinction matters enormously. With an LPA, you choose your attorney. With deputyship, the court chooses your deputy — and that may not be the person you would have chosen.

How Long Does Deputyship Take?

Becoming a deputy is likely to take 4 to 6 months. However, as of May 2025, the courts are experiencing severe delays, and the likely timescale is 9 to 12 months.

During that entire period, your family is in limbo. During the period between losing capacity and the deputy being appointed, your finances can be frozen. Bills may go unpaid. Care may be delayed or compromised. Property cannot be sold. And your family has no legal authority to act — even in an emergency.

How Much Does Deputyship Cost?

This is where the true cost of not having an LPA becomes clear. Applying for a deputyship order involves an initial application fee of £421, an assessment fee of £100 for new deputies, and an annual supervision fee paid to the Office of the Public Guardian of either £320 (general) or £35 for minimal supervision for those managing less than £21,000.

On top of the court fees, legal costs for a deputyship application can add thousands more. There is an annual fee as well as reporting requirements for someone who is appointed as a deputy. Deputies must submit detailed annual reports to the OPG for as long as the deputyship continues — which could be years or even decades.

Compare this to the cost of both LPAs set up in advance: £184 in OPG registration fees, plus any service or professional fees. The saving — financial and emotional — is significant.

What If the Court Doesn't Appoint Who Your Family Expected?

This is one of the most distressing outcomes — and more common than people realise.

If there are disagreements within the family, or if the court does not consider your relatives suitable, the court may appoint an independent solicitor, a professional deputy, or a local authority representative. This means that someone you may not know, or would not personally have chosen, could end up managing your affairs.

There are no guarantees that the Court of Protection will appoint the applicant. The court looks at who is best placed to look after the affairs of the person lacking mental capacity. If the person lacking mental capacity has complicated finances or family disputes, then the court may appoint a professional deputy instead.

With an LPA, none of this uncertainty exists. You chose your attorney in advance. The decision was yours.

What Happens to Your Healthcare Decisions?

Without a Health and Welfare LPA, your family has even less power over your medical care than you might expect.

Medical professionals are required to act in your best interests — but they are not legally required to follow your family's wishes. Decisions about your treatment, care arrangements, and living situation may be made by doctors, social workers, or the local authority — with your family consulted but not in control.

NHS bodies or local authorities must take an Independent Mental Capacity Advocate's views into account when making decisions that affect you if you've lost capacity. Your family may be consulted in this process — but they have no decision-making authority without a Health and Welfare LPA.

The Care Funding Problem

Another common issue that stems from having no LPA in place is that you cannot access the money needed for suitable care. If you need professional care, fees may accumulate faster than your family can obtain legal authority to access your funds. This can cause debt, inability to secure suitable care, or delayed medical and social support.

Even if your family eventually secures a deputyship order, the months of delay can mean significant harm — financially and in terms of the quality of care you receive in the interim.

LPA vs Deputyship: At a Glance

What Happens to a Joint Bank Account?

A common misconception is that joint bank accounts mean a spouse can always access funds. In practice, banks handle this inconsistently — and many freeze accounts or restrict access when one account holder loses capacity, regardless of the joint ownership.

Without a financial LPA, your spouse or family may find themselves unable to access money that was nominally theirs to share — precisely at the moment they need it most to fund your care.

Can Anything Be Done Without Going to Court?

In limited circumstances, yes. If you receive state benefits, a family member may be able to become an appointee — allowing them to collect and manage benefits on your behalf without a court order. However, this covers only benefits and provides no authority over wider finances, property, or healthcare decisions.

For anything beyond benefits management, the Court of Protection is the only route if no LPA exists.

The Simple Lesson

It is preferable to have Lasting Powers of Attorney in place, rather than a deputyship order. This gives the individual the chance to choose their own attorney or attorneys, and to specify exactly what authority they wish to give them. It is a cheaper and easier process to register an LPA, and there is less ongoing supervision.

An LPA puts you in control. A deputyship puts the court in control. The difference in cost, time, and emotional impact for your family is enormous — and entirely avoidable. Using a power of attorney service in London or online means the process can be completed quickly and affordably. Drafting a power of attorney online UK takes under an hour with Wills & Power.

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*"This article is for informational purposes only and does not constitute legal advice. This guide covers the law in England and Wales only. Scottish and Northern Irish law differs — separate arrangements exist in those jurisdictions. For complex situations or where mental capacity is in doubt, we recommend seeking independent legal guidance."*

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