If you have no LPA and someone loses mental capacity, no family member can automatically take over their affairs. Instead, someone must apply to the Court of Protection to be appointed as their deputy. In 2026 that usually takes 6 to 12 months and costs far more than a Lasting Power of Attorney, which cannot be set up once capacity is already lost.
What happens if you lose mental capacity without an LPA?
Without a registered LPA, no one holds automatic legal authority over your finances or care, not even a spouse or next of kin. Banks may freeze sole accounts, and treatment and care decisions fall to professionals acting in your best interests under the Mental Capacity Act 2005. To gain formal authority, a family member must apply to the Court of Protection for a deputyship order.
The phrase "next of kin" carries no legal power over money or medical decisions in England and Wales. A husband, wife or adult child cannot sign for a person who has lost capacity unless they hold a registered LPA or a deputyship order. This surprises most families, who assume a close relative can simply take charge.
In practice, a bank will usually freeze a sole account once it learns the holder has lost capacity, and it will not accept instructions from relatives without legal authority (gov.uk, as at August 2026). Bills, care fees and mortgage payments still fall due, which is why the gap before a deputy is appointed can cause real hardship.
For health and daily care, doctors, care providers and the local authority must act in the person's best interests under the Mental Capacity Act 2005. They should consult the family, but they are not bound to follow the family's wishes. Planning ahead with an LPA is the way to keep those decisions in hands you have chosen.
What is a Court of Protection deputyship?
A deputyship is a legal appointment made by the Court of Protection that lets someone make decisions for a person who has lost mental capacity and left no LPA. There are two types: a property and financial affairs deputy, which the court grants often, and a personal welfare deputy, which it grants rarely.
A property and financial affairs deputy can manage bank accounts, pay bills, deal with pensions and, with extra permission, sell property. This is the common appointment, and it is what most families apply for when a relative can no longer handle money.
A personal welfare deputy can make decisions about care and, in limited cases, medical treatment. The Court of Protection rarely grants this, because it prefers welfare decisions to be made case by case in the person's best interests, rather than handed to one standing deputy. Most families who want a say over care learn that a health and welfare LPA, made in advance, is the only reliable route.
A deputy is supervised by the Office of the Public Guardian, must keep accounts, and files an annual report. The powers are narrower than an attorney's under an LPA, and the ongoing duties continue for as long as the appointment lasts.
How do you apply to the Court of Protection to become a deputy?
Applying to be a deputy means completing court forms, arranging a capacity assessment, notifying the person and their close family, and waiting for the Court of Protection to review and grant the order. Anyone over 18 can apply, usually a relative, but the court decides who is appointed and is not obliged to choose the applicant.
- Complete the application forms. The main form is the COP1 application, with a COP1A or COP1B setting out the person's assets and circumstances. These go to the Court of Protection.
- Arrange a capacity assessment. A doctor or other professional completes a COP3 assessment confirming the person lacks capacity to make the relevant decisions. The assessor may charge a fee, which varies.
- Sign a deputy's declaration. The proposed deputy completes a COP4 declaration, confirming their circumstances and their willingness to take on the duties.
- Notify the person and their family. You must tell the person the application concerns, and at least three other people close to them, so they can object if they wish.
- Arrange a security bond. Financial deputies must take out a security bond, a form of insurance that protects the person's estate. The premium depends on the value being managed.
- The court reviews and decides. If there are no objections, the court grants the deputyship order, often without a hearing. If there is a dispute, a hearing may be held before any decision.
How long does deputyship take, and what does it cost in 2026?
A deputyship order commonly takes 6 to 12 months from application to grant, and sometimes longer if there are objections. The court and Office of the Public Guardian fees below are current as at August 2026, and professional fees, capacity assessment costs and the security bond premium sit on top, so the real total often runs into four figures.
| Fee | Amount (August 2026) | When it applies |
|---|---|---|
| Court application fee | £432 | Once per application (a separate application is needed for a welfare deputyship) |
| Hearing fee | £266 | Only if the court decides a hearing is needed |
| New deputy assessment fee | £100 | One-off, in the first year of appointment |
| Annual OPG supervision (general) | £320 a year | Ongoing, for most financial deputies |
| Annual OPG supervision (minimal) | £35 a year | Estates under £21,000 |
| Capacity assessment (COP3) | Varies | Charged by the assessing professional |
| Security bond premium | Varies with estate value | Ongoing, required for financial deputies |
Source: gov.uk/become-deputy/fees, as at August 2026, subject to change. Fee remissions may apply on a low income. Solicitor fees, where used, are additional and often add well over £1,000.
Deputyship vs LPA: which is faster and cheaper?
A Lasting Power of Attorney is faster, cheaper and more flexible than a deputyship, but it can only be made while a person still has capacity. Once capacity is lost, deputyship is usually the only route, and it carries court fees, annual supervision and reporting duties that an LPA avoids.
| Lasting Power of Attorney | Deputyship | |
|---|---|---|
| Who chooses the decision-maker | You do, in advance | The Court of Protection decides |
| When it can be set up | Only while you have capacity | Only after capacity is lost |
| Time to be usable | Registration 8 to 10 weeks (up to 16) | Commonly 6 to 12 months |
| Cost to put in place | £92 to register each LPA | £432 application, plus £100 assessment and ongoing fees |
| Ongoing supervision | None | Annual OPG supervision, reports and a security bond |
| Health and welfare decisions | A health and welfare LPA covers them | Welfare deputyship is rarely granted |
Figures from gov.uk/power-of-attorney and gov.uk/become-deputy, as at August 2026, subject to change. Our guide to the two types of Lasting Power of Attorney explains how each one works.
What families get wrong when there is no LPA
Three assumptions cause the most difficulty when a relative loses capacity without an LPA: that a spouse can automatically act, that a welfare deputyship will give the family control over care, and that the process is quick. Each can leave a family stuck for months while bills and care fees mount.
- Assuming a spouse or next of kin can step in. Marriage gives no legal authority over a partner's sole accounts or medical care. Without an LPA, even a spouse must apply for deputyship like anyone else.
- Expecting to control care through a welfare deputyship. The court rarely appoints a welfare deputy, so families who wanted a say over care arrangements often find they have no standing role. A health and welfare LPA made in advance is the dependable route.
- Underestimating the delay. The 6 to 12 month wait is not a formality. During it, no one can move money, and care costs still fall due, so planning for the impact of care fees becomes far harder than it needed to be.
In our experience, families come to us after this gap has already opened, when the cheaper and simpler LPA is no longer possible. Putting the documents in place while everyone has capacity is the way to keep the choice, and the control, with the family.
Can you still set up an LPA after a diagnosis?
A diagnosis of dementia or another illness does not by itself prevent someone making an LPA. What matters is whether they still have the mental capacity to understand the decision at the time they sign. Where capacity is borderline, acting quickly and taking advice can preserve the simpler option.
Capacity is decision-specific and can vary from day to day. Many people in the early stages of an illness retain the capacity to make an LPA, which is why prompt action after a diagnosis matters. A certificate provider confirms understanding when the LPA is signed.
If capacity has already been lost, an LPA is no longer possible, and deputyship becomes the only route. This is the practical reason to treat an LPA as part of wider estate planning rather than something to leave for later. If you would like to talk it through, you can book a consultation.
Frequently asked questions
Can family access bank accounts without an LPA?
No. A bank will usually freeze a sole account once it knows the holder has lost mental capacity, and it will not accept instructions from relatives without legal authority. Family members would need a property and financial affairs deputyship order from the Court of Protection, which commonly takes 6 to 12 months to obtain.
Does next of kin have legal authority in the UK?
No. In England and Wales, next of kin has no legal power to make financial or medical decisions for an adult who has lost capacity. Authority comes only from a registered LPA or a deputyship order. Doctors must act in the person's best interests under the Mental Capacity Act 2005, consulting family but not bound by their wishes.
How long does a deputyship order take?
A deputyship order commonly takes 6 to 12 months from application to being granted, and longer if there are objections or a hearing is needed. During that time no one has authority to manage the person's finances, which is why acting early, before capacity is lost, avoids the delay entirely.
Is deputyship more expensive than an LPA?
Yes, usually by a wide margin. An LPA costs £92 to register with the Office of the Public Guardian, as at August 2026. A deputyship carries a £432 court application fee, a £100 assessment fee, annual supervision of £320 or £35, a security bond and often solicitor fees, so the real cost typically runs into four figures. Figures are subject to change.
Can someone with dementia still make an LPA?
Often, yes, if they still understand the decision at the time they sign. A dementia diagnosis does not by itself remove capacity, and many people in the early stages can make an LPA. Because capacity can decline, acting promptly and taking advice helps preserve the simpler option before deputyship becomes the only route.