Powers of attorney · 7 min read · Published · Updated
What happens if you lose capacity without an LPA? Understanding deputyship
Without an LPA, your family may face a costly and slow Court of Protection application if you lose capacity. This guide explains deputyship and how an LPA avoids it.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Powers of attorney · No. 9 of 11Reviewed · 7 minutes
The problem
If you lose mental capacity (through dementia, a stroke, a serious accident or any other cause) and you have not made a lasting power of attorney, your family faces a difficult situation. No one, not even your spouse, has automatic legal authority to run your bank accounts, pay your bills, deal with your property or make decisions about your care.
For your money and property, that authority usually comes from the Court of Protection. A family member or another interested person applies to be appointed your "deputy". Care and treatment decisions do not usually need a deputy. The doctors and carers involved can act in your best interests. They must consult your family where practicable.
What is a deputyship?
A deputyship order is a court order appointing someone to make decisions for a person who lacks mental capacity. As with LPAs, there are two types: one for property and financial affairs, and one for personal welfare. Personal welfare deputyships are uncommon and only granted when the court considers them necessary.
If you could not decide for yourself tomorrow
Life with a lasting power of attorney, and life without one.
How deputyship differs from an LPA
There are several important differences between an LPA and a deputyship:
You do not choose your deputy. Under an LPA you choose your own attorneys. In a deputyship application the court decides whom to appoint. It will usually appoint the person who applies, typically a close family member. If there is a dispute about who should be deputy, the court decides, and the outcome may not be what you would have wished.
The process is slower and dearer. The Court of Protection application fee is £432, against £92 to register an LPA. A new deputy may also have to pay a £100 assessment fee, and there is a £266 fee if the court decides a hearing is needed. Most people also pay a solicitor to prepare the application. The process takes months, not weeks.
Ongoing supervision. Unlike attorneys under an LPA, deputies are supervised by the Office of the Public Guardian (OPG). They must submit annual reports and pay an annual supervision fee (£320 for general supervision, or £35 for minimal supervision). Every new deputy has general supervision for the first year. After that, a property and affairs deputy managing less than £21,000 may move to minimal supervision. This is an ongoing cost and burden.
A deputy may have narrower powers. The court may limit a deputy's powers more than you would limit your own attorneys. For example, a deputy may need specific court approval for some transactions, such as selling property.
LPA vs Deputyship
| Lasting Power of Attorney | Court-Appointed Deputyship |
|---|---|
| You choose your attorneys | The court appoints the deputy |
| Set up while you have capacity | Only available after capacity is lost |
| Registration fee: £92 per LPA | Application fee: £432, plus ongoing costs |
| Your preferences guide decisions | OPG supervision, with annual reports |
| Registration usually takes 8 to 10 weeks | Takes months to arrange |
The emotional cost
Beyond the money and the practicalities, the deputyship process is stressful. Applying to the Court of Protection in the middle of a medical crisis, when someone has just had a stroke or been diagnosed with dementia, adds legal complexity and delay to an already hard situation.
Family disputes about who should be deputy can do lasting damage. And while the order is awaited, bills can go unpaid, care arrangements can stall, and families cannot reach the money they need.
The simple solution
An LPA made and registered while you still have capacity usually avoids the need for a deputyship for the decisions it covers. It is cheaper, faster and more flexible, and it puts you, not a court, in control of who will manage your affairs.
The registration fee of £92 per LPA is a fraction of the cost of a deputyship. Registration usually takes 8 to 10 weeks, sometimes longer. A deputyship order often takes several months. There are no ongoing supervision fees.
If you have been putting off an LPA, remember: an LPA can only be made while you have mental capacity. A diagnosis such as dementia does not by itself mean that capacity has gone. Capacity is judged for each decision at the time. Once the capacity to make an LPA has gone, so has the option.
If you would like to discuss setting up an LPA, contact Aaron.
This guide is general information, not legal advice.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends
