If someone loses mental capacity and has no lasting power of attorney (LPA) in place, no one automatically gains the legal right to manage their money or make decisions for them. A family member or other applicant has to apply to the Court of Protection to be appointed as a deputy, which is slower, more expensive and more closely supervised than setting up an LPA in advance.
That is the core of what "no LPA, deputyship, Court of Protection" comes down to. This guide explains what deputyship is, how it differs from an LPA, what the process costs and how long it can take, and how families in England and Wales can avoid the deputyship route altogether. Figures are current as at August 2026 and are subject to change.
- A deputyship is a court order appointing someone to act for a person who has lost mental capacity (gov.uk, as at August 2026, subject to change).
- The Court of Protection application fee is £432 (gov.uk, as at August 2026, subject to change).
- A new deputy pays a £100 assessment fee, then a yearly supervision fee of £320 (general) or £35 (minimal supervision, for some estates under £21,000) (gov.uk, as at August 2026, subject to change).
- Registering an LPA in advance costs £92 per document (gov.uk, as at August 2026, subject to change).
What happens when there is no LPA in place
Many people assume a spouse, civil partner or adult child can automatically deal with a relative's bank account, pension or property if that person becomes unable to manage their own affairs. In England and Wales that is not the case. A joint bank account may still be accessible, but a sole account, a house held in one name, an investment or a pension usually cannot be dealt with by anyone else without legal authority.
An LPA is the document that grants that authority in advance, while a person still has capacity to choose their attorneys. When there is no LPA and capacity has already been lost, that door has closed, because an LPA can only be made by someone who still understands the decision (gov.uk, as at August 2026, subject to change). At that point the only route is an application to the Court of Protection.
Deputyship and the Court of Protection explained
The Court of Protection is the specialist court in England and Wales that makes decisions for people who lack the mental capacity to make certain decisions for themselves (gov.uk, as at August 2026, subject to change). A deputy is a person the court appoints to make ongoing decisions on someone's behalf. The Office of the Public Guardian (OPG) then supervises how deputies carry out that role.
Deputyship exists for exactly the situation an LPA is designed to prevent: a person has lost capacity and has no valid, registered power of attorney covering the decisions that now need to be made. Common triggers include dementia, a stroke, a serious brain injury or a severe learning disability. A deputy is accountable to the court and the OPG, must keep accounts, and generally has to submit an annual report.
LPA versus deputyship, side by side
The two arrangements do a similar job, letting a trusted person act for someone who cannot act for themselves. The difference is timing, cost and control. An LPA is arranged in advance by the person themselves. A deputyship is imposed afterwards by a court, at greater cost and with less choice over who is appointed.
| Feature | Lasting power of attorney | Deputyship |
|---|---|---|
| Set up | By the person, while they still have capacity | By a court, after capacity is lost |
| Who chooses the attorney or deputy | The person themselves | The Court of Protection |
| Upfront cost | £92 per LPA to register | £432 application fee, plus other costs below |
| Ongoing supervision fees | None | £35 to £320 a year, depending on the level |
| Typical timescale | Weeks to a few months to register | Often several months, sometimes longer |
| Ongoing reporting | Not required | Annual report to the OPG |
Fees from gov.uk/become-deputy/fees and gov.uk/power-of-attorney/register, as at August 2026, subject to change. Timescales vary by case.
What a deputyship costs
Deputyship carries an upfront cost and a running cost, which is one of the main reasons families prefer to arrange an LPA while they still can. The figures below are the standard court and supervision fees. They do not include any professional or solicitor charges, or the annual premium on a security bond, which the court sets case by case.
| Cost | Amount | When |
|---|---|---|
| Court of Protection application fee | £432 | On applying |
| Hearing fee (only if the court holds a hearing) | £266 | If a hearing is needed |
| New deputy assessment fee | £100 | First year, after appointment |
| Annual supervision, general level | £320 a year | Each year, due 31 March |
| Annual supervision, minimal level | £35 a year | Some estates under £21,000 |
| Security bond premium | Set by the court | Before appointment, then yearly |
Sources: gov.uk/become-deputy/fees and Court of Protection fees, COP44, as at August 2026, subject to change. Help with fees may be available for people on a low income or certain benefits (gov.uk).
Set against a one-off £92 to register an LPA, the contrast is clear. A deputyship can involve well over £800 in the first year alone before any bond premium or professional fees, and the supervision fee then recurs every year for as long as the deputyship lasts. Where care is being funded, these costs sit alongside wider decisions about planning for and limiting the impact of care fees.
How a deputyship application works
The application is made on court form COP1, supported by a formal assessment of the person's capacity on form COP3, completed by a doctor or other suitable professional, and a deputy's declaration on form COP4 (gov.uk, as at August 2026, subject to change). The broad steps are as follows.
- Complete and submit the application forms with the £432 fee.
- The court aims to send a stamped copy of the application back, usually within about a week (gov.uk, as at August 2026, subject to change).
- Within 14 days, the applicant must notify at least three people connected to the person, such as relatives, so they have a chance to object.
- The court will not review the application until 14 days after those people have been told.
- If no issues arise, the court issues the deputyship order. If matters are disputed or unclear, a hearing may follow.
There is no single fixed timescale. Straightforward property and financial affairs applications commonly take several months from start to order, and cases involving objections or a hearing can take longer. Throughout that period, bills, care costs and other decisions may be waiting, which is part of why the delay matters so much in practice.
The two types of deputy
The Court of Protection can appoint two kinds of deputy, and an applicant can seek one or both (gov.uk, as at August 2026, subject to change). Personal welfare deputyships are granted far less often, and usually only in specific circumstances.
| Type of deputy | What it covers |
|---|---|
| Property and financial affairs | Paying bills, managing bank accounts, dealing with pensions and benefits, and handling property |
| Personal welfare | Decisions about medical treatment and how someone is cared for, granted only in limited cases |
The equivalent choices exist with an LPA, where the two types are a property and financial affairs LPA and a health and welfare LPA. A person setting up an LPA can put both in place at once and keep control over who is appointed.
How to avoid the deputyship route
The way to keep a family out of the Court of Protection is to arrange an LPA while capacity is intact. An LPA lets a person choose their own attorneys, set out how they want decisions made, and register the document with the OPG in advance, for a fee of £92 per LPA (gov.uk, as at August 2026, subject to change). Once registered, there is no annual supervision fee and no yearly report to the court.
An LPA is often considered alongside a will and wider planning, rather than in isolation. Our guides on lasting powers of attorney and estate planning explain how the pieces fit together, and the pricing page sets out fees before any work begins. Because an LPA cannot be made once capacity has already gone, timing is the single most important factor.
Scotland and Northern Ireland
This guide describes the law of England and Wales, where the Court of Protection and deputyship apply. The other UK nations use different systems. In Scotland, where someone has lost capacity without a power of attorney, a relative generally applies to the sheriff court for a guardianship or intervention order under the Adults with Incapacity (Scotland) Act 2000, overseen by the Office of the Public Guardian (Scotland). In Northern Ireland, the equivalent is a controllership through the Office of Care and Protection. The terms, forms and fees in those jurisdictions differ, so local guidance applies.
Frequently asked questions
What happens if someone loses mental capacity without an LPA?
No one automatically gains the right to manage their money or make decisions for them. A family member or other applicant must apply to the Court of Protection to be appointed as a deputy, which is slower and more costly than an LPA arranged in advance (gov.uk, as at August 2026, subject to change).
What is the difference between an LPA and deputyship?
An LPA is set up by a person while they still have capacity, and they choose their own attorneys. A deputyship is granted by the Court of Protection after capacity is lost, the court decides who is appointed, and the deputy is supervised by the Office of the Public Guardian and reports each year (gov.uk, as at August 2026, subject to change).
How much does a deputyship application cost?
The Court of Protection application fee is £432, with a £266 fee if a hearing is needed. A new deputy pays a £100 assessment fee, then an annual supervision fee of £320 at the general level or £35 at the minimal level for some estates under £21,000. A security bond premium, set by the court, may also apply (gov.uk, as at August 2026, subject to change).
How long does a Court of Protection deputyship take?
There is no fixed timescale. Straightforward property and financial affairs applications commonly take several months from submission to order, and cases involving objections or a hearing can take longer. The court aims to return a stamped copy of the application within about a week of receiving it (gov.uk, as at August 2026, subject to change).
Can you set up an LPA after someone has lost capacity?
No. An LPA can only be made by a person who still has the mental capacity to understand and make that decision. Once capacity has been lost, an LPA is no longer possible, and the deputyship route through the Court of Protection is the remaining option (gov.uk, as at August 2026, subject to change).
Does a spouse automatically have authority without an LPA?
Not for everything. A jointly held bank account may remain accessible, but a spouse or civil partner has no automatic right to deal with assets held in the other person's sole name, such as a solely owned property, pension or investment, without an LPA or a deputyship order (gov.uk, as at August 2026, subject to change).