What happens if you don’t have an LPA?
If you lose the ability to make your own decisions and you haven’t made an LPA, the people closest to you can’t simply step in. Here’s what happens instead, and why it’s usually slower, harder and more expensive.
Checked by Steve Ryan, founder
October 2026
A common misunderstanding
Many people assume their husband, wife, partner or children will automatically be able to deal with things. They can’t. Being someone’s next of kin doesn’t give you the legal right to manage their money or make decisions about their care.
Your money and property
Without a property and financial affairs LPA, nobody has the authority to act for you on things in your name. For example, your family can’t:
- manage your bank or building society accounts, or move your savings
- deal with your pensions or investments
- sell your home, for example to pay for care
- sell a home you own jointly with someone else, without first getting authority to act for your share
Joint accounts aren’t the answer. When a bank learns that one joint account holder has lost capacity, it will typically freeze the account, or limit it to essentials, until someone has legal authority to act. That can leave a husband, wife or partner struggling to pay everyday bills.
Decisions about your health and care
Without a health and welfare LPA, decisions about your treatment and care are made by the professionals involved, such as doctors and social workers. They must act in your best interests and should talk to your family, but your family doesn’t make the decision.
With a health and welfare LPA, the people you’ve chosen can make those decisions, including where you live and, if you’ve allowed it, whether you receive life-sustaining treatment.
Applying to become a deputy
To manage someone’s affairs without an LPA, a family member or friend usually has to apply to the Court of Protection to be appointed as their “deputy”. The application involves several forms, including a capacity assessment, and telling the person and at least three other people who know them. Once appointed, a deputy is supervised by the Office of the Public Guardian and must send a report every year.
The court will usually only appoint a deputy for health and welfare decisions in limited situations, for example where the family disagree about care. So in practice, a health and welfare LPA is the main way to make sure the people you trust have a say.
An LPA compared with a deputyship
| Lasting Power of Attorney | Deputyship | |
|---|---|---|
| Who chooses | You do, while you’re well | The Court of Protection |
| Government fees to set up | £92 per LPA to register | £432 to apply, plus a £100 assessment fee once appointed. The court may also require an insurance bond for the person’s money. |
| Ongoing fees | None | A supervision fee every year, usually £320 (£35 for some smaller estates) |
| Time | Usually 8 to 10 weeks to register | Usually several months, during which nobody can act for you |
| Reporting | No yearly report | A report to the Office of the Public Guardian every year |
| Health and care decisions | Covered by a health and welfare LPA | Only in limited situations |
Many deputies also pay a solicitor to help with the application, which adds to the cost.
It’s never too early, but it can be too late. An LPA can only be made while you can understand what you’re signing. Once that ability has gone, a deputyship is usually the only option.
If someone you care about can no longer make decisions
If a family member has already lost the ability to make their own decisions and hasn’t made an LPA, they can’t make one now. Our team at Futura Planning can explain the options, including how a deputyship application works. If they only need help with state benefits, the Department for Work and Pensions can appoint someone to manage those without a deputyship.
Checked by Steve Ryan, founder of yourLPA and a member of the Society of Will Writers, against the Office of the Public Guardian’s guidance in October 2026. This guide is general information for people in England and Wales, not personal advice.