What Happens If Someone Loses Capacity Without an LPA?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 16 March 2026

Picture this: your mother has a stroke and is rushed to hospital. You need to pay her mortgage, sort her bills, and talk to her doctors about treatment. You assume you can step in — you are her daughter, after all. But the bank refuses you access. The doctors make treatment decisions without consulting you. Nobody will let you do anything, because you have no legal authority.

This is the reality for thousands of families every year. Without a Lasting Power of Attorney (LPA) in place, no one — not even a husband or wife — has the legal authority to access another person's bank accounts, make decisions about their medical treatment, or manage their property. This guide explains what actually happens when someone loses capacity without an LPA, and why the consequences can be devastating for families.

Why Family Members Have No Automatic Legal Authority

There is no legal concept of "next of kin" authority in England and Wales when it comes to managing someone's financial affairs or making binding decisions about their care. Marriage, civil partnership, or a close blood relationship does not give anyone the right to:

• Access the person's bank accounts or savings
• Withdraw money to pay their bills, mortgage, or care fees
• Manage or sell their property
• Deal with their pension provider or HMRC
• Make decisions about their medical treatment (beyond emergency situations)
• Decide where they should live or what care they should receive
• Interact with utility companies, insurance providers, or other organisations on their behalf

This comes as a shock to many families. The person's bills continue to arrive, their mortgage still needs to be paid, their care needs to be arranged and funded — but no one has the legal authority to do any of it. Even a joint bank account may be frozen if the bank becomes aware that one account holder has lost capacity.

The Court of Protection and Deputyship

When someone loses capacity without an LPA, the only way for a family member to gain legal authority is to apply to the Court of Protection for a deputyship order. This is a formal court process in which the court appoints a deputy — usually a close family member — to make decisions on behalf of the person who lacks capacity.

The process involves:

• Completing the application forms — the COP1, COP1A, and COP3 forms must be completed. The COP3 requires a capacity assessment from a medical professional
• Paying the application fee — the court fee is £371
• Notifying relevant people — the person who lacks capacity and their close relatives must be formally notified of the application
• Providing a deputy bond — for property and financial affairs deputies, a security bond (essentially an insurance policy) must be obtained to protect the person's assets
• Waiting for the court's decision — the court will review the application and may request further information or arrange a hearing

The Costs of Deputyship

The financial burden of deputyship compared to an LPA is substantial:

• Court application fee: £371
• Capacity assessment fee: typically £100–£300 for the medical report (COP3)
• Solicitor fees: if you use a solicitor to prepare the application, expect to pay £1,000–£3,000 or more
• Security bond: an annual premium that varies based on the value of the person's assets, typically £100–£500 per year
• OPG supervision fee: an annual fee of up to £320, payable for as long as the deputyship is in place

Compare this with the cost of an LPA: £92 per document to register, with no ongoing fees or supervision costs for attorneys. The financial difference is stark, and the costs of deputyship are borne by the person who lacks capacity — taken from their own assets.

The Delays and Their Impact

A deputyship application typically takes 12 to 20 weeks to process, and can take longer if there are complications, objections, or if the court requires additional information. During this period:

• Bills go unpaid and debts may accumulate
• The person's home may fall into disrepair if there is no one authorised to arrange maintenance
• Care arrangements may be disrupted if fees cannot be paid
• Benefits or pensions may be unclaimed or inaccessible
• Family members may need to fund the person's expenses from their own pockets, with no guarantee of reimbursement

In some cases, families have had to take out loans or use their own savings to cover their relative's care costs while waiting for the deputyship order. This places enormous financial and emotional strain on everyone involved.

The Emotional Toll on Families

Beyond the financial costs and practical difficulties, the absence of an LPA takes a significant emotional toll. Families describe feelings of:

• Helplessness — watching a loved one's affairs fall into disarray while being unable to do anything about it
• Frustration — dealing with bureaucratic processes at an already difficult time
• Guilt — wishing they had discussed and arranged an LPA while there was still time
• Conflict — disagreements between family members about who should apply to be deputy, or about how the person's affairs should be managed
• Stress — the ongoing burden of court supervision, annual reporting, and the constant scrutiny that comes with being a deputy

How an LPA Prevents This Entire Situation

The good news is that this entire situation is almost entirely preventable. By creating an LPA while you still have mental capacity, you can:

• Choose who will manage your affairs, rather than leaving it to a court to decide
• Set out your wishes, preferences, and instructions for how decisions should be made
• Avoid the costs, delays, and stress of a deputyship application
• Give your family the legal authority they need to help you quickly and effectively
• Ensure continuity — your bills get paid, your care is arranged, and your affairs are managed without interruption

An LPA costs £92 to register, can be set up in a matter of weeks, and gives you complete control over who acts on your behalf and how. The alternative — having no LPA — means leaving your family to navigate the Court of Protection at the worst possible time.

For a deeper understanding of how capacity is assessed and what the law requires, see our guide on LPAs and mental capacity.

Key Questions on Losing Capacity Without an LPA

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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