What happens if someone loses capacity without an LPA?
Short answer
Someone must apply to the Court of Protection to be appointed deputy — usually a family member, and most often for property and financial affairs. Deputyship is slower, costlier and far more tightly supervised than a lasting power of attorney, with annual reports to the Office of the Public Guardian.
Without a Lasting Power of Attorney or an older Enduring Power of Attorney, nobody has automatic authority to manage another adult’s affairs — not a spouse, not an adult child. Where ongoing decisions are needed, the route is an application to the Court of Protection for a deputyship order.
The two types
- Property and financial affairs — by far the most common: managing bank accounts, benefits, bills, investments and property.
- Personal welfare — much rarer, and granted only where ongoing welfare decisions genuinely require a standing authority rather than individual best interests decisions.
Usually a family member applies — a spouse, adult child or sibling. Close friends and others with a genuine interest in the person’s welfare can also apply. The court considers whether the proposed deputy is suitable and whether there are conflicts of interest, and in complex or contested cases may appoint a professional deputy, such as a solicitor, instead of or alongside a relative.
What being a deputy involves
A deputy must comply with the Mental Capacity Act, act in the person’s best interests, keep the person’s money separate and properly recorded, and submit an annual report to the Office of the Public Guardian. Family deputies are not normally paid, though reasonable out-of-pocket expenses can be claimed from the person’s funds; professional deputies charge, and any remuneration needs court authorisation.
Expect the process to take months and to involve application fees, a security bond and ongoing supervision — which is precisely why making an LPA while you still have capacity is worth doing. An attorney is chosen by the person themselves; a deputy is imposed by a court after the moment for choosing has passed.
If you are worried about a deputy
Report concerns about misuse of the person’s money to the Office of the Public Guardian’s safeguarding team, which can investigate and ask the Court of Protection to remove the deputy and recover funds. Where a criminal offence may have been committed, report it to the police as well, and contact the local authority’s adult safeguarding team if the person has care and support needs.
Related guides
Deputyship: When Someone Cannot Manage Affairs
If someone loses mental capacity without having made a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA), and decisions need to be made about their finances or welfare on an ongoing basis, it may be necessary to apply to the Court of Protection to appoint a deputy.
6 min
Court of Protection Basics
The Court of Protection is a specialist court in England and Wales that deals with matters affecting adults who lack or may lack mental capacity. It can make declarations about capacity, authorise decisions about property, finances, health, and welfare, and appoint deputies to make ongoing decisions on someone's behalf.
6 min
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (your 'attorneys') to make decisions on your behalf if you lose mental capacity in future. There are two types: one for property and financial affairs, and one for health and welfare. Making an LPA while you still have capacity is one of the most important planning steps you can take.
7 min
Mental Capacity Act Basics
The Mental Capacity Act 2005 (MCA) is the law that governs decisions made for people who lack the mental capacity to make specific decisions themselves. It applies to all adults in England and Wales and underpins how healthcare, social care, and legal decisions are made for vulnerable people.
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