What Happens Without an LPA?
Without a Lasting Power of Attorney, your family could face frozen accounts, court applications, and months of uncertainty.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
"My wife can just deal with the bank if something happens to me." This is one of the most common — and most dangerous — assumptions people make. Under the Mental Capacity Act 2005, no one — not even your closest family member — has the legal right to manage your finances or make health and welfare decisions on your behalf unless you have given them authority through a Lasting Power of Attorney (LPA) or a court has appointed them as a deputy.
At a glance
- Without an LPA, banks will freeze your accounts when they learn you have lost capacity — your family cannot access your money
- The only alternative is a Court of Protection deputyship, which costs over £2,000 and takes 3 to 6 months
- Marriage does not give your spouse automatic legal authority over your finances or medical decisions
- An LPA costs £92 to register and can be set up in a few hours — a fraction of the cost and time of deputyship
Bank Accounts Get Frozen Without an LPA
One of the most immediate and distressing consequences of losing mental capacity without an LPA is that banks and building societies will freeze your accounts. Once a financial institution becomes aware that a customer can no longer manage their own affairs, they are legally obliged to restrict access.
This means your family may be unable to:
- Pay your mortgage, rent, or household bills
- Access savings to fund your care
- Manage direct debits or standing orders
- Sell or remortgage your property
- Deal with your pension provider or insurance companies
Even joint accounts can be affected. While a joint account holder can usually continue to use the account, some banks impose restrictions or require proof of authority before allowing large transactions.
Key point: A Property and Financial Affairs LPA can be used as soon as it is registered — even while you still have capacity — giving your attorney immediate authority to act on your behalf if needed.
The Court of Protection Deputyship Process
Without an LPA, the only way for someone to gain legal authority over your affairs is to apply to the Court of Protection to become your deputy. This is a formal court process governed by the Mental Capacity Act 2005, and it is significantly more complex, expensive, and time-consuming than registering an LPA.
The deputyship application process typically involves:
- Completing a detailed court application (form COP1)
- Obtaining a medical assessment of incapacity (form COP3)
- Notifying relevant family members and giving them the chance to object
- Paying a court application fee of £371
- Waiting for the court to process and approve the application
Deputyship Costs vs LPA Costs: The Difference Is Stark
A deputyship order is far more expensive than an LPA, both to set up and to maintain. Here is how the costs compare:
LPA (Prevention)
£92 per LPA to register with the OPG. No ongoing supervision fees. No annual reporting requirements. UKLPA charges just £89 per LPA, making the total £181. Solicitors typically charge £300–£1,000+.
Deputyship (Cure)
£371 court fee, plus solicitor costs of £1,000–£3,000+. Annual supervision fee of £320. A security bond is also required. Total first-year cost often exceeds £2,000.
Key point: Deputies must submit annual reports to the Office of the Public Guardian and pay ongoing supervision fees for as long as the deputyship is in place. An LPA has no such requirement.
Deputyship Delays: Three to Six Months With No Authority to Act
While an LPA can be registered in a matter of weeks, a deputyship application typically takes three to six months or longer to be approved by the Court of Protection. During this time, your family has no legal authority to manage your finances or make decisions about your care.
If there is a dispute among family members about who should be appointed as deputy, or if anyone objects to the application, the process can take even longer and may require a court hearing.
Health and Welfare Decisions
Without a Health and Welfare LPA, medical professionals and care providers will make decisions about your treatment and care based on what they believe is in your best interests. Your family will be consulted, but they will not have the final say.
This can lead to difficult situations, including:
- Disagreements between family members and medical staff about treatment
- Decisions about where you live being made without family input
- Your personal preferences about end-of-life care being unknown or ignored
- Disputes that escalate to the Court of Protection, adding cost and stress
Real-World Consequences of Not Having an LPA
These are not hypothetical situations — they happen to families every day:
Selling a property to fund care
If your parent needs to move into a care home, the family home may need to be sold to pay for it. Without an LPA, no one can authorise the sale until a deputy is appointed — meaning months of delay while care costs mount.
Paying everyday bills
A spouse may not be able to access their partner's account to pay the council tax, utility bills, or mortgage. Arrears can build up, affecting credit ratings and risking repossession.
Medical treatment decisions
After a sudden stroke, a family disagrees with the hospital about treatment options. Without a Health and Welfare LPA, the medical team makes the final call, and the family has no legal standing to override it.
Why an LPA Is Prevention, Not Cure
Here is the single most important point in this guide: you must create an LPA while you still have mental capacity. Once capacity is lost, it is too late. You cannot create an LPA on behalf of someone who has already lost the ability to make their own decisions.
This is why an LPA is often described as an insurance policy you hope never to use. It costs relatively little to set up, gives you control over who makes decisions on your behalf, and saves your family from a stressful, expensive, and time-consuming court process.
Key point: Creating an LPA does not mean giving up control. Your attorneys can only act within the authority you give them, and a Property and Financial Affairs LPA can include specific restrictions and conditions.
Tip: Creating an LPA now costs £92 and takes a few hours. The alternative — a Court of Protection application — costs thousands and takes months. Don't wait. Start your LPA today.
Don't wait until it's too late. Our guided LPA service makes it easy to protect your family, starting from just £92 to register. See pricing.
Key Takeaways
- Bank accounts get frozen — without an LPA, your family cannot pay bills, access savings, or manage your finances once you lose capacity
- Deputyship is expensive and slow — a Court of Protection application costs over £2,000 in the first year and takes 3 to 6 months with no authority to act in the meantime
- Health decisions are made without your family — without a Health and Welfare LPA, medical professionals make treatment and care decisions, not your loved ones
- You must act while you still have capacity — once mental capacity is lost, it is too late to create an LPA
- An LPA is prevention, not cure — at £92 per document, it is one of the most cost-effective pieces of legal planning available
Frequently Asked Questions
Can my family access my bank accounts if I lose mental capacity without an LPA?
No, banks will freeze your accounts once they become aware you can no longer manage your own affairs. Your family would need to apply to the Court of Protection for a deputyship order, which can take months and cost thousands of pounds.
How much does a Court of Protection deputyship cost compared to an LPA?
An LPA costs £92 per document to register. A deputyship application typically costs over £2,000 in the first year, including the £371 court fee, solicitor costs of £1,000 to £3,000+, an annual supervision fee of £320, and a security bond.
Can I make an LPA after I have already lost mental capacity?
No, you must have mental capacity at the time you create an LPA. Once capacity is lost, it is too late. This is why it is so important to create an LPA while you are still healthy and able to make decisions.
Can my spouse manage my finances without an LPA?
No. Marriage does not give your partner automatic legal authority over your bank accounts, property, or medical decisions. Without an LPA, they would need to apply to the Court of Protection.
What happens to my mortgage payments if I lose capacity without an LPA?
Your bank may freeze your accounts, meaning mortgage payments stop. Your family cannot access your money to make payments until a deputy is appointed, which can take months.
Is it too late to make an LPA if I've already been diagnosed with dementia?
Not necessarily. What matters is whether you have mental capacity at the time you create and sign the LPA. Many people with early-stage conditions can still create a valid LPA. A GP capacity assessment is recommended.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
Don’t Leave It to Chance
Without an LPA, your family could face months of court delays and thousands in legal fees.
