What happens when someone loses capacity without an LPA?
If you lose the ability to make decisions for yourself — whether through dementia, a stroke, a brain injury, or any other cause — and you do not have a registered Lasting Power of Attorney, your family faces a difficult situation. Despite what many people believe, nobody automatically has the legal right to manage your affairs, not even your spouse, your children, or your next of kin.
This means your family cannot:
- Access your bank accounts (except joint accounts)
- Pay your bills or mortgage
- Sell or rent your property
- Make decisions about your medical treatment
- Choose where you live or what care you receive
- Deal with your pension, investments, or tax affairs
What is a deputyship?
The only alternative to an LPA, once someone has already lost capacity, is a Court of Protection deputyship. This is a legal process where someone (usually a family member) applies to the court to be appointed as your "deputy" — essentially a court-appointed equivalent of an attorney.
The key differences between a deputyship and an LPA are:
- Cost: Deputyship applications cost £1,000–£3,000 or more in court and legal fees, compared to £131–£253 for an LPA through myLPA Guide.
- Time: Deputyship takes 6–12 months to process, compared to 8–12 weeks for LPA registration.
- Control: With an LPA, you choose your attorneys. With a deputyship, the court decides who is appointed — and it might not be the person you would have chosen.
- Supervision: Deputies face ongoing supervision, annual reporting requirements, and annual fees. LPA attorneys do not.
How much does a deputyship cost?
The costs add up quickly:
- Court application fee: £371
- Assessment of capacity: £300–£500 (a doctor must confirm the person lacks capacity)
- Solicitor fees: £500–£2,000+ (most people need professional help with the application)
- Annual supervision fee: £320 per year (for property and affairs deputies)
- Security bond: Required in most cases, typically £100–£300 per year
Over time, the ongoing supervision costs alone can amount to thousands of pounds. Compare this to the one-off cost of an LPA — £92 per document for the government fee, or £253 total for both LPA documents through myLPA Guide.
What problems do families face without an LPA?
The reality of not having an LPA is often deeply stressful for families:
- Frozen bank accounts: Banks will freeze accounts once they become aware that the account holder lacks capacity. Bills go unpaid, mortgage payments are missed, and direct debits bounce.
- Care home decisions: If someone needs to move into a care home urgently, there may be nobody with the legal authority to arrange and pay for it.
- Property sales: If the family home needs to be sold to fund care, nobody can instruct an estate agent or sign legal documents.
- Family disputes: Without a clear legal framework, family members may disagree about what is best. The court process can make these conflicts worse.
- Medical decisions: Doctors will make decisions about treatment in the patient's "best interests" — but without input from someone who knows the patient's wishes.
Can you not just use a joint bank account?
A joint bank account allows the other account holder to continue using that specific account. However, it does not cover:
- Sole accounts in the incapacitated person's name
- Property sales or management
- Pensions, investments, or ISAs
- Tax affairs
- Any health or welfare decisions
A joint account is not a substitute for an LPA.
It is too late once you lose capacity
The most important thing to understand is that you can only make an LPA while you still have mental capacity. Once you have lost the ability to understand what an LPA is and what it does, it is too late. You cannot make an LPA on behalf of someone who has already lost capacity — the only option at that point is the expensive and slow deputyship process.
This is why setting up an LPA is something to do now, while you are healthy and able. It is not about expecting the worst — it is about preparing for any possibility.
How to protect yourself and your family
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
You can start your free LPA questionnaire right now and have your documents ready to sign within minutes. For both LPA types, the total cost is £253 (£69 for both documents + £184 in registration fees) — a fraction of the cost of a deputyship, and infinitely less stressful for your family.
Visit gov.uk/power-of-attorney for more information about the legal framework.