What happens if I lose mental capacity without an LPA?

Key Points

If you lose mental capacity without an LPA, your family will need to apply to the Court of Protection to be appointed as your property and financial affairs deputy, authorised to do things like pay your bills or organise your pension. Until the deputyship order is granted, your bank accounts, savings, and property remain frozen. Your family cannot access them, even to pay for your care.

You do not need a deputy if you're just looking after someone's benefits; you can apply to become an appointee instead. An appointee arrangement through the Department for Work and Pensions is simpler and free, but it only covers state benefits and pensions. If you have other income, savings above a modest amount, or property, a deputyship application becomes necessary.

The Court of Protection application fee is £432 from 13th July 2026. The application requires a formal assessment of your capacity by a doctor or other qualified professional, notification of at least three people connected to you, and detailed statements explaining why the deputyship is needed. The Office of the Public Guardian will help the deputy carry out their responsibilities once appointed.

What happens to decisions about my health and care?

A personal welfare deputy makes decisions about medical treatment and how you are looked after, but the court cannot appoint a personal welfare deputy if you are under 16. The court will usually only appoint a personal welfare deputy if there's doubt whether decisions will be made in your best interests, for example because the family disagree about care.

In most cases, doctors and social workers make day-to-day welfare decisions without a deputy, following the best interests principle in the Mental Capacity Act 2005. An act done, or decision made, under the Act for or on behalf of a person who lacks capacity must be done in their best interests, and regard must be had to whether the purpose can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action. Clinicians must consult your family and anyone interested in your welfare, but the final decision rests with the treating team unless the matter goes to court.

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order. This avoids the need for a full deputyship where only one issue is in dispute.

How long does a deputyship application take and what does it cost?

A property and financial affairs deputyship application typically takes three to six months from the date you notify interested parties to the court making its order. You must complete and send the forms within three months of telling the people connected to your application; if you do not, you must start the process again.

The application fee is £432. You'll also need to pay a £100 assessment fee if you're a new deputy, and the Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees. You must pay an annual supervision fee depending on what level of supervision your deputyship needs: £35 for minimal supervision (for deputies managing less than £21,000) or £320 for general supervision. Your annual supervision fee is due on 31st March for the previous year.

You can apply for an exemption or reduction of the fee if the person you're a deputy for gets certain benefits or has an income below £12,000. If the application relates to property and affairs, the fees can be paid from the funds of the person who lacks capacity.

What powers does a deputy have?

When acting as a deputy, you must follow the five main principles of the Mental Capacity Act code of practice, which determine how you act and support the person to make a decision; if you don't follow these principles you could be removed from acting on their behalf.

A property and financial affairs deputy manages money, pays bills, and deals with banks and other institutions. The court order specifies exactly what the deputy can and cannot do. As a financial deputy you'll be solely responsible for paying bills, organising their pension and other financial matters; make sure you consider things such as needing to sell the client's house in the future to pay for care fees and include this in your application, because if it isn't and you need to make this decision, you'll have to go back to court.

A deputy must submit an annual report to the Office of the Public Guardian showing all income, expenditure, and decisions made. The Public Guardian audits these reports and can investigate if there are concerns about how the deputy is acting. You'll continue to be a deputy until your court order is cancelled or expires.

The Court of Protection can appoint a specialist deputy (called a 'panel deputy') from a list of approved law firms and charities if no one else is available. Professional deputies charge annual fees for their work, which are taken from the assets of the person who lacks capacity.

Why is an LPA better than relying on deputyship?

An LPA gives you control. You choose your attorneys, you decide what powers they have, and you can include instructions or preferences about how they should act. If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy; check if they have an LPA or EPA before you apply. If you are planning your own LPA, our guide explains who you should appoint as your attorney.

A deputyship is decided by a judge who has never met you. The court appoints whoever applies and appears suitable, usually a close family member, but the court may choose a professional if family relationships have broken down. Deputies have less autonomy than attorneys. They must seek court approval for major decisions, submit annual reports, and pay ongoing supervision fees. Attorneys under an LPA work without court oversight unless someone raises a concern.

An LPA can be registered and ready to use within weeks of your signing it. A deputyship takes months and cannot begin until you have already lost capacity. The gap between losing capacity and the deputyship order being granted leaves families unable to manage your affairs at the moment they most need to.

The cost difference is significant. Registering an LPA costs £92. A deputyship application costs £432, plus a £100 assessment fee, plus annual supervision fees that continue for as long as the deputyship lasts. For someone who loses capacity in their sixties and lives another 20 years, the supervision fees alone will exceed £7,000.

Frequently asked questions

Can my spouse access my bank account if I lose capacity?

No. If you do not already have a lasting power of attorney (LPA) or enduring power of attorney (EPA), your spouse does not automatically have authority to access your accounts. Joint accounts may allow some continued access, but banks typically freeze accounts in the sole name of someone who has lost capacity until a deputy is appointed or an LPA is registered.

What if I lose capacity suddenly and have no LPA?

Your family must apply to the Court of Protection for a deputyship order. The application takes several months, during which your finances remain inaccessible. In urgent cases, the court can make an interim order allowing limited decisions to be made while the full application is processed, but this still requires a court application and a fee.

Do I need separate LPAs for finances and health?

Yes. A property and financial affairs LPA covers money, property, and business matters. A health and welfare LPA covers medical treatment and care decisions. You can make one or both, and you can appoint different attorneys for each. Most people make both to ensure all areas are covered.

Can I make an LPA if I already have early signs of dementia?

Yes, provided you still understand what you are doing when you sign the LPA. Capacity is decision-specific and time-specific. A diagnosis of dementia does not automatically mean you lack capacity to make an LPA. A solicitor or doctor will assess whether you understand the nature and effect of the LPA at the time you sign it.

How much does it cost to set up an LPA?

The registration fee is £92 per LPA, so £184 if you make both a property and financial affairs LPA and a health and welfare LPA. Solicitor fees vary but typically range from £200 to £500 per LPA depending on complexity. Many people use online services or complete the forms themselves to reduce costs, though legal advice is recommended if your circumstances are complicated. For a detailed breakdown of registration fees, solicitor fees and available reductions, read our guide to how much an LPA costs.

What happens if no one applies to be my deputy?

The Court of Protection can appoint a specialist deputy (called a 'panel deputy') from a list of approved law firms and charities if no one else is available. A panel deputy is a professional who charges annual fees for their work. The fees are taken from your assets. If you have no assets and rely entirely on state benefits, the local authority may apply to become your deputy or arrange an appointee for benefits only.

Last reviewed: September 2026

Talk to Pearce Legal

If you would like advice about making a lasting power of attorney or managing the affairs of someone who has lost capacity, our private client team can help. Call us on 0121 270 2700 or get in touch through our contact page.

Further reading

Find out what an LPA is, the two types available and how they allow you to choose who can make decisions on your behalf.

If you are thinking about making an LPA, read our guide to choosing an attorney, including joint appointments and replacement attorneys.

For a breakdown of the registration fee and available reductions, read how much an LPA costs, including potential solicitor fees and Office of the Public Guardian fee exemptions.

Author: Jodie Hall

Jodie Hall is a Solicitor in the Private Client team at Pearcelegal, based in Solihull, West Midlands. She is regulated by the Solicitors Regulation Authority under SRA number 666606.

Jodie joined Pearcelegal in the summer of 2023, having qualified as a solicitor at a firm in London earlier that year. At Pearcelegal, she advises clients on Wills, Lasting Powers of Attorney, Probate and estate administration, and Trust matters. She has also contributed to the firm's legal content, including guidance on the probate process and considerations for making a will.

Client reviews rate Jodie 5.0 out of 5 across six reviews on Review Solicitors, Outside of work, Jodie enjoys experiencing new cuisines, cooking, and visiting National Trust sites.

Pearcelegal itself is authorised and regulated under SRA firm number 423097.