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What Happens If You Don't Have an LPA? UK Consequences Explained

· 29 min

Note: The following scenario is fictional and used for illustration.

Emma, 52, from Manchester had been putting off making a lasting power of attorney for years. She and her husband James thought they had plenty of time. Then in April 2024, Emma suffered a severe stroke that left her unable to make decisions about her £380,000 home, her finances, or her care.

James discovered he couldn't access Emma's half of their £18,000 joint savings. He couldn't consent to the specialist care home placement the NHS recommended. He couldn't even call her employer to arrange sick pay. For nine months, he's been trapped in a Court of Protection deputyship application—spending £2,400 in solicitor fees on top of the £421 court fee—while his teenage children ask, "Why can't you help Mum?"

Emma's family isn't alone. Approximately 78% of UK adults don't have an LPA, leaving families vulnerable to the same nightmare. This article explains exactly what happens when you lose mental capacity without an LPA—and how to protect your family from facing a 6-12 month legal battle costing thousands.

Table of Contents

What Is Mental Capacity and When Do You Lose It?

Mental capacity is your legal ability to make a specific decision at a specific time. Under the Mental Capacity Act 2005, you have capacity if you can understand information relevant to a decision, retain that information long enough to weigh it, use it to make a decision, and communicate your choice.

All four elements are required. If you can't do even one, you lack capacity for that particular decision.

Capacity isn't all-or-nothing. You might have capacity to decide what to eat for lunch but lack capacity to sell your house. The assessment is decision-specific and time-specific—someone with dementia might have "good days" when they can make certain decisions and "bad days" when they can't.

Common causes of lost capacity include:

  • Dementia (around 1 million people in the UK, projected to reach 1.4 million by 2040)
  • Stroke (over 100,000 strokes annually in the UK, many resulting in cognitive impairment)
  • Severe head injury from accidents or falls
  • Mental health crisis (which may be temporary)
  • Brain tumour or progressive neurological illness

Margaret, 68, has early-stage Alzheimer's. She can decide what to wear and what to eat each day—she has capacity for these daily decisions. But she can't understand mortgage terms or remember conversations about selling her house. She lacks capacity for complex financial decisions, yet could still create an LPA on a "good day" with proper support from a certificate provider.

Research shows that 1 in 3 people born in the UK will develop dementia in their lifetime. In 2019, 66,424 deaths (12.5% of all deaths) were due to dementia and Alzheimer's disease. These aren't distant statistics—they represent the reality that capacity can be lost suddenly or gradually, often without warning.

Understanding capacity is the first step. Now let's see what happens the moment you lose it—and why having no LPA creates an immediate crisis.

What Happens Immediately When You Lose Capacity Without an LPA

The moment you lose mental capacity without an LPA in place, everything freezes.

Your bank accounts become inaccessible. Your spouse, children, and parents have no legal authority to manage your finances—even if you've been married for 40 years. They can't pay your bills, access your salary, sell your property, or claim benefits on your behalf.

Many people assume joint bank accounts solve this problem. They don't. Joint accounts only allow access to jointly-held funds for routine transactions. Your spouse can't close your individual accounts, can't make legal decisions about your assets, and can't represent you in financial matters without legal authority.

When David, 59, had a stroke, his wife Helen discovered she couldn't access his personal bank account to pay his half of the mortgage. The joint account held £4,000, but his salary of £3,200 per month kept depositing into his personal account—which Helen couldn't touch. She couldn't call his employer to arrange sick pay. She couldn't consent to his rehabilitation placement. For eight weeks, she lived in financial and legal limbo while applying for deputyship.

Here's what stops immediately:

  • Accessing bank accounts or savings
  • Paying household bills or managing debts
  • Selling property or remortgaging your home
  • Claiming state benefits or pensions
  • Making healthcare decisions or consenting to treatment
  • Choosing care home placement or treatment options
  • Accessing medical records or speaking to doctors on your behalf

The healthcare paralysis is particularly cruel. The NHS may place you in whatever facility has availability, not the one your family prefers. Your loved ones can't consent to surgery or specialist treatment. They can't even get full information about your medical condition without jumping through legal hoops.

The Office of the Public Guardian was supervising 57,777 deputyship orders as of March 2021—nearly 60,000 people who didn't have an LPA and whose families were forced into the Court of Protection system. That's 60,000 families facing the crisis that David and Helen experienced.

The financial freeze begins immediately. The day you lose capacity is day one of your family's nightmare. So if your family can't act for you, who can? The answer is the Court of Protection—and the process is neither quick nor cheap.

The Court of Protection: Your Family's Only Option

The Court of Protection is a specialist court that makes decisions for people who lack mental capacity. Established under the Mental Capacity Act 2005, it's your family's only legal route when you lose capacity without an LPA.

The court's primary function is appointing deputies—people authorized to make decisions on behalf of someone who lacks capacity. There are two types of deputyship: Property & Financial Affairs Deputy (the most common) and Health & Welfare Deputy (rare, reserved for complex cases where family disputes make healthcare decisions impossible).

Here's the critical difference between an LPA and deputyship: with an LPA, you choose your attorney while you have capacity. With deputyship, the court chooses based on legal criteria after you've lost capacity. You have no say in who gets appointed.

The court has no obligation to appoint the person you would have chosen. They look at who applies, assess their suitability, and make a decision based on legal factors—not your personal wishes, which are now unknown.

When Robert, 71, developed vascular dementia, his daughter Lisa applied to be his deputy. She'd cared for Robert daily for three years, managed his medications, and knew all his preferences. But Robert's son Mark—who Robert hadn't spoken to in 10 years due to a family rift—also applied.

The Court of Protection chose Mark. He was the eldest child, had no criminal record, and met the legal criteria. Lisa, who had devoted herself to Robert's care, had no legal authority. Robert couldn't object. He'd lost capacity.

The application fee for Court of Protection deputyship is £421 as of May 2025. That's just the court fee—it doesn't include solicitor costs (typically £1,500-£2,000), medical assessments, or the time your family will spend navigating the process.

With an LPA, you choose your attorney and set clear instructions about your preferences. With deputyship, a court you'll never meet chooses for you based on who applies and meets legal standards. The loss of control is total.

Understanding the Court of Protection is one thing. Navigating the deputyship application process is another—and it's complex, slow, and expensive.

The Deputyship Application Process: A Step-by-Step Timeline

The deputyship application isn't a single form. It's an eight-step legal process that typically takes 6-12 months from start to finish.

Step 1: Notify Connected People (Week 1-2)

You must notify the person who lacks capacity (if they can understand), close relatives, and anyone named in their will. There's a mandatory three-week waiting period for objections. If anyone objects, the process stops until the dispute is resolved.

You'll need to complete three forms: COP1 (application), COP3 (assessment of capacity), and COP4 (your deputyship statement).

Step 2: Gather Medical Evidence (Week 2-4)

A GP or specialist must complete the COP3 form—a detailed capacity assessment. This isn't a quick tick-box exercise. The doctor must explain why the person lacks capacity, what efforts were made to help them make decisions, and whether the capacity loss is permanent.

GPs typically charge £200-£500 for this assessment. If the person refuses assessment or their GP is slow to respond, delays can stretch to six weeks or more.

Step 3: Complete Court Forms (Week 3-5)

The COP1 application is 18 pages of detailed questions about the person's circumstances, their assets, why you're applying, and your plan for managing their affairs. The COP4 deputyship statement requires you to explain how you'll protect the person's interests and follow the Mental Capacity Act principles.

Mistakes mean rejection and starting again. Many families hire solicitors at this stage, adding £1,500-£2,000 to costs.

Step 4: Pay Application Fee (Week 5)

The £421 application fee is non-refundable. If the person has income below £12,000 or receives certain benefits, they may qualify for a fee exemption. You send the completed forms and payment to the Court of Protection and wait.

Step 5: Court Review (Week 6-20)

The court reviews your application. They may request additional information, clarification on answers, or a social services report. A social services report adds four to eight weeks to the timeline.

Most property and financial affairs cases don't require a hearing, but if there's a dispute or complex issues, a hearing can add months and significant costs.

Step 6: Security Bond (If Required) (Week 16-24)

For larger estates, the court may require a security bond—essentially insurance protecting the person's estate from deputy mismanagement. Bond costs depend on estate value: typically £500 for a £50,000 estate, rising to £1,000 or more for estates over £100,000.

You cannot be formally appointed until the bond is in place.

Step 7: Court Order Issued (Week 20-52)

After reviewing everything, the court issues a deputyship order. You receive a certificate of appointment. Only now—six to twelve months after starting—can you legally act on behalf of the person who lost capacity.

Step 8: Ongoing Supervision (Every Year)

Deputyship doesn't end when you're appointed. You must submit an annual report to the Office of the Public Guardian, including detailed accounts, receipts, and bank statements. The annual supervision fee is £35 for minimal supervision (estates under £21,000) or £100+ for general supervision.

Miss a deadline and you'll face penalties. The supervision continues for as long as the person lacks capacity—potentially decades.

Sarah applied for deputyship for her mother in January 2024. The GP took six weeks to complete the capacity assessment. The court requested a social services report in April, adding another eight weeks. Her mother's estate was valued at £180,000, requiring a £600 security bond. Sarah was finally appointed in November 2024—11 months after starting. Her mother's care home fees had accumulated unpaid for seven months.

Comparison: LPA vs. Deputyship Timeline

Step LPA (In Advance) Deputyship (After Capacity Lost)
Who decides You choose attorney Court chooses deputy
Timeline 8-10 weeks to register 6-12 months to appoint
Upfront cost £92 (one-time) £421 + solicitor fees (£1,500-£2,000)
Ongoing cost £0 £35-£100+/year supervision
Medical evidence Not required GP assessment required (£200-£500)
Court involvement None (unless disputes) Full court application process
Control You set instructions Court sets limitations

The timeline is bad enough. But the financial cost of deputyship is often far worse—especially compared to the cost of an LPA.

The True Cost of Not Having an LPA: Financial Breakdown

Let's talk numbers. Real numbers, not vague estimates.

LPA Costs (One-Time, If Done in Advance):

Creating an LPA online through the GOV.UK service is free. The registration fee is £92 per LPA, which increased from £82 in November 2025.

For complete protection, you need two LPAs: Property & Financial Affairs and Health & Welfare. Total cost: £184. If your income is below £12,000 or you receive certain benefits, you may qualify for a 50% reduction or full exemption.

That £184 is valid for life. No renewals. No ongoing fees. No annual supervision.

Deputyship Costs (If No LPA):

Upfront costs:

  • Court application fee: £421 (May 2025)
  • Solicitor fees for application: £1,500-£2,000 average
  • Medical capacity assessment (COP3): £200-£500
  • Security bond (if required): £500-£2,000+ depending on estate value

Upfront total: £2,621-£4,921

Ongoing annual costs:

  • OPG supervision fee: £35-£100+ per year
  • Professional deputy fees (if family can't act): £750-£3,404 per year
  • Accountant or solicitor for annual reports: £300-£800 per year

Annual total: £635-£4,304 per year

10-Year Comparison:

  • LPA (created in advance): £184 total
  • Deputyship (family deputy, 10 years): £2,621 upfront + (£635 × 10 years) = £8,971
  • Deputyship (professional deputy, 10 years): £2,621 upfront + (£4,304 × 10 years) = £45,661

When Tom's father lost capacity, Tom lived abroad and couldn't act as deputy himself. He appointed a solicitor as professional deputy. Over 12 years, the deputyship cost £54,000 in fees—money taken directly from his father's estate to pay for legal supervision that shouldn't have been necessary.

An LPA created for £92 would have saved £53,908. That's enough to pay for three years of full-time care home fees.

Hidden costs beyond the fees:

Family members typically spend 40-80 hours on the deputyship application process—time off work, missed income, and immense stress. There's the relationship strain when siblings disagree about who should apply. There's the delayed care while you wait for court approval, potentially causing the person to suffer in an unsuitable facility.

These costs don't appear on invoices, but they're brutally real.

Cost comparison table:

Cost Item LPA (In Advance) Deputyship (After Capacity Lost)
Application fee £92 (one-time) £421 (one-time)
Professional fees £0 (if DIY online) £1,500-£2,000 (solicitor application)
Medical evidence £0 £200-£500
Security bond £0 £500-£2,000+
Upfront total £92 £2,621-£4,921
Annual supervision £0 £35-£100+
Professional deputy fees £0 £0-£3,404/year
10-year total £184 (both LPAs) £8,971-£45,661

The financial cost is quantifiable. But the emotional toll on families is often far worse.

The Emotional Cost: What Families Really Go Through

Helen describes the eight weeks before David's deputyship was granted as "the worst time of my life." She couldn't pay David's half of the mortgage. She couldn't access his salary. She couldn't consent to his transfer to a specialist stroke unit 30 miles away that had better rehabilitation outcomes.

She felt like a bad wife—helpless and powerless while her husband needed her most. Their teenage son started therapy for anxiety, asking repeatedly, "Why can't you help Dad?"

The emotional impacts families experience:

Helplessness: Watching someone you love suffer while you're legally barred from helping them is a special kind of torture. You know what they need. You're ready to provide it. But the law won't let you act without months of bureaucratic process.

Guilt: Families torture themselves with "why didn't we do this sooner?" The guilt compounds daily as they watch preventable suffering continue. They blame themselves for not knowing about LPAs, for putting it off, for assuming everything would be fine.

Family conflict: When Patricia lost capacity, her three children—Karen, Simon, and Emma—all wanted to be deputy. Karen had always managed Patricia's bills and felt she was the obvious choice. Simon was the eldest and felt entitled by birth order. Emma lived closest and visited daily.

The Court of Protection chose Simon based on seniority. Karen and Emma felt betrayed. They haven't spoken to Simon in 18 months. Family gatherings are impossible. Patricia's grandchildren have lost contact with half their cousins. A family that was close is now fractured, and Patricia—who would be devastated—can't even understand what's happened.

Stress on relationships: Marriages crack under the financial pressure of deputyship costs. Siblings who were once close become adversaries. Adult children resent the time and money consumed by a process that should never have been necessary.

Care delays with real consequences: Michael needed specialist dementia care, but the NHS placed him in a general care home 40 miles from his family while his wife's deputyship application was pending. He became agitated and distressed in unfamiliar surroundings without family visits.

By the time his wife was appointed 10 months later and could arrange his transfer to a specialist facility near their home, his condition had deteriorated significantly. She blames herself. She also blames the system that made her jump through legal hoops while her husband suffered.

Loss of dignity: When someone loses capacity without an LPA, their wishes become unknowable. Did they want to stay in their own home as long as possible? Did they have preferences about medical treatment? What would bring them comfort?

Without an LPA with clear instructions, these questions go unanswered. Decisions are made based on what's practical, affordable, or available—not what the person would have wanted.

These families learned too late. But what if you're in the early stages of cognitive decline—can you still create an LPA?

Is It Too Late for Me? When You Can (and Can't) Create an LPA

The question that haunts people after a dementia diagnosis: "Is it too late?"

Sometimes yes. Sometimes no. It depends on your capacity at the specific moment you create and sign the LPA.

To create an LPA, you must have mental capacity to understand what you're doing. Specifically, you must understand:

  • What an LPA is and what it does
  • Who you're appointing as your attorney
  • What powers you're giving them
  • That you can change or cancel the LPA while you have capacity

The capacity threshold for creating an LPA is actually lower than the capacity needed to manage complex finances yourself. Many people in the early stages of dementia can still create LPAs if they understand these core concepts on the day they sign.

A certificate provider—an independent person such as a solicitor, GP, or someone who has known you for at least two years—must confirm that you understand what you're doing and that you're not being pressured. This safeguard protects vulnerable people while allowing those with fluctuating capacity to act during lucid periods.

Jean, 72, was diagnosed with early Vascular Dementia in March 2024. She had days when she was confused and days when she was clear-headed. Her GP confirmed she still had capacity to create an LPA—on her good days, she could understand that she was appointing her daughter Rachel to manage her finances if she became unable to do so herself.

Jean created both LPAs in April 2024 with her solicitor acting as certificate provider. Six months later, Jean's capacity had declined significantly. She now struggles to remember conversations and can't follow complex explanations. Her daughter says, "We got it done just in time. If we'd waited another few months, we'd be facing Court of Protection now."

When it's too late:

By contrast, Peter's family waited until his Alzheimer's had progressed to moderate stage. When his son tried to arrange an LPA, the certificate provider (a solicitor) spent an hour with Peter. Peter couldn't explain what an LPA was. He couldn't remember they'd discussed it 10 minutes earlier. He couldn't communicate a clear choice about who he wanted to appoint.

The solicitor assessed that Peter lacked capacity to create an LPA. The document couldn't be created. The family had to apply for deputyship—costing £3,200 upfront and taking 11 months.

There's typically a 3.5-year gap between symptom onset and dementia diagnosis. That's a window of opportunity that many families miss. By the time someone is diagnosed, the disease may have progressed beyond the point where they can create an LPA.

Act quickly if you're concerned:

Capacity can deteriorate suddenly. A stroke, a fall leading to head injury, an infection that triggers delirium in someone with early dementia—any of these can accelerate capacity loss overnight.

If you or someone you love is in the early stages of cognitive decline, don't wait. Arrange a capacity assessment from a GP or solicitor. If capacity still exists, create the LPA immediately. The cost of waiting could be thousands of pounds and months of family suffering.

If you still have capacity, creating an LPA is straightforward. Here's how—and why you should do it now.

How to Avoid This Nightmare: Creating an LPA

An LPA is a legal document appointing someone (your attorney) to make decisions for you if you lose capacity. There are two types: Property & Financial Affairs LPA (for managing money, property, and bills) and Health & Welfare LPA (for healthcare decisions and care placement).

The Property & Financial Affairs LPA can be used before you lose capacity if you give permission—useful if you're physically unable to manage affairs but still mentally capable. The Health & Welfare LPA can only be used after you lose capacity.

Most people create both for complete protection.

Step 1: Decide Which LPA(s) You Need

The Property & Financial Affairs LPA allows your attorney to manage bank accounts, pay bills, sell property, claim benefits, and handle investments. If you travel frequently, are physically frail, or simply want help managing finances, you can allow your attorney to act before you lose capacity.

The Health & Welfare LPA covers medical treatment consent, care home placement, daily care decisions, and even life-sustaining treatment if you include those instructions. It only becomes active after you lose capacity to make healthcare decisions yourself.

Creating both LPAs costs £184 total and provides complete protection for both your finances and your welfare.

Step 2: Choose Your Attorney(s)

Your attorney must be at least 18 years old. For Property & Financial Affairs, they cannot be bankrupt. Choose someone you trust absolutely—a spouse, adult child, sibling, close friend, or professional such as a solicitor.

You can appoint multiple attorneys to act jointly (all must agree on every decision), jointly and severally (each can act independently), or a combination. You can also appoint replacement attorneys in case your first choice becomes unable to act.

Step 3: Complete the LPA Forms

The GOV.UK Make a Lasting Power of Attorney service allows free online creation. Alternatively, download paper forms LP1F (Property & Finance) or LP1H (Health & Welfare) from GOV.UK.

You can include instructions (must-follow rules for your attorney) and preferences (guidance they should follow if possible). For example, you might instruct that your attorney cannot sell your home, or express a preference to stay in your home as long as possible.

Step 4: Get a Certificate Provider

An independent person must confirm you understand the LPA and aren't being pressured. This can be a solicitor, your GP, or someone who has known you personally for at least two years (not a family member or your attorney).

Some GPs charge £50-£100 for this service. Solicitors may offer it as part of LPA preparation services.

Step 5: Sign in the Correct Order

This is critical. The signatures must be in the correct order or the LPA is invalid:

  • You sign first (Section 9)
  • Certificate provider signs (Section 10)
  • Attorney(s) sign (Section 11)

Each signature must be witnessed by someone aged 18 or over who is not an attorney or their family member.

Step 6: Notify People (Optional but Recommended)

You can notify people that you're registering an LPA. This is optional, but it gives family members an opportunity to raise concerns before registration. If you don't notify people when creating the LPA, your attorney must notify them when registering it.

Step 7: Register with the Office of the Public Guardian

Send the completed forms plus the £92 registration fee to the Office of the Public Guardian. Registration typically takes 8-10 weeks.

The LPA cannot be used until it's registered. When registered, you receive the stamped original LPA document.

Step 8: Store Safely and Inform Your Attorney

Keep the original in a safe place—a fireproof safe at home or with your solicitor. Give a copy to your attorney and make sure they know where the original is stored.

Review your LPA every five years or after major life changes (marriage, divorce, birth of children, death of attorney). You can cancel and replace an LPA at any time while you have capacity.

Mark and Susan, both 58, created LPAs online in January 2025. They appointed each other as attorneys, with their adult children as replacements. The online service walked them through each step with clear explanations. Their GP acted as certificate provider for £50 each.

They submitted the forms in February and received their registered LPAs in April—total cost £234 (£92 × 2 LPAs + £50 × 2 certificate provider fees). Total time: 10 weeks. "It was easier than renewing our passports," Susan said.

Over 1.37 million LPA applications were processed in 2024-2025, with a 99.5% accuracy rate in registrations. The system works efficiently when people create LPAs before crisis strikes.

Creating an LPA protects you during your lifetime. But protecting your family after your death requires a legally valid will. Together, an LPA and a will provide complete estate planning.

LPAs and Wills: Why You Need Both

Many people think a will is enough. Or that an LPA covers everything. Both assumptions are dangerously wrong.

An LPA and a will are different legal documents serving different purposes at different times.

LPA (During Your Lifetime):

An LPA is used while you're alive but lack capacity to make decisions yourself. It governs who makes financial and healthcare decisions on your behalf. When you die, the LPA ends immediately. Your attorney's authority vanishes the moment of your death.

Will (After Your Death):

A will is used after you die. It governs who inherits your estate (property, money, possessions), appoints guardians for children under 18, and names executors to manage the distribution of your estate. Your executors have no authority during your lifetime—only after your death.

Why you need both:

An LPA protects you during incapacity. A will protects your family after death. They work together to provide complete protection across both scenarios.

Your LPA attorney has no authority after your death—your will's executor takes over. Your will's executor has no authority during your lifetime—your LPA attorney handles that.

What happens if you have an LPA but no will:

Linda created an LPA appointing her sister as attorney but never made a will. When Linda developed dementia at 68, her sister managed her finances beautifully for six years, ensuring Linda had excellent care.

But when Linda died at 74, her sister's authority ended immediately. Because Linda had no will, her £340,000 estate was distributed under intestacy rules. Her unmarried partner of 20 years inherited nothing—it all went to Linda's estranged brother she hadn't spoken to in 15 years.

A £99.99 will would have protected her partner. Linda's sister is heartbroken that she couldn't honour Linda's wishes because those wishes were never documented in a will.

What happens if you have a will but no LPA:

Your will ensures your estate goes to the right people after death, which is important. But if you lose capacity before you die, your family still faces the Court of Protection deputyship process.

They may have to sell assets to pay for care, reducing the inheritance your will intended to protect. Your executor can't act until you die, leaving a gap in protection during incapacity.

The complete estate planning picture requires three documents:

  1. LPA (Property & Finance) - Manages finances during incapacity
  2. LPA (Health & Welfare) - Makes healthcare decisions during incapacity
  3. Will - Distributes estate after death, appoints guardians, names executors

Cost comparison:

  • Both LPAs + Will: £184 (LPAs) + £99.99 (will with WUHLD) = £283.99 total protection
  • Deputyship (no LPA) + Intestacy complications (no will): £3,000-£5,000+ in costs plus loss of control over both your care during life and your estate distribution after death

Creating an LPA protects you during incapacity. Creating a will protects your family after your death. You need both.

Frequently Asked Questions

Q: What happens if I lose mental capacity without an LPA?

A: If you lose mental capacity without an LPA, no one can automatically make decisions for you—not even your spouse or children. Your family must apply to the Court of Protection for a deputyship order, which costs £421 upfront plus ongoing fees and takes 6-12 months. You have no control over who the court appoints.

Q: How much does Court of Protection deputyship cost compared to an LPA?

A: An LPA costs £92 to register (or £184 for both types) and is valid for life. Deputyship costs £421 upfront application fee, potential security bond costs, £35-£100+ annual supervision fees, and often £1,500-£2,000 in solicitor fees. Over 10 years, deputyship can exceed £34,000.

Q: Can my spouse access my bank account without an LPA?

A: No. Without an LPA, your spouse cannot legally access your bank account, sell property, pay bills, or manage your finances—even if they're named on joint accounts for individual assets. They must apply for deputyship through the Court of Protection to gain legal authority.

Q: How long does it take to get a deputyship order?

A: Deputyship applications typically take 6-12 months to process through the Court of Protection. During this time, your family cannot access your finances, sell property, or make legal decisions on your behalf, causing significant delays in care and financial management.

Q: What percentage of UK adults don't have an LPA?

A: Approximately 78% of UK adults don't have an LPA in place, including 77% of people over 55. Despite over 1.37 million LPA applications processed in 2024-2025, millions remain unprotected against loss of mental capacity.

Q: Can the Court of Protection appoint someone I don't trust as my deputy?

A: Yes. Because you've lost mental capacity by the time of application, you cannot influence who the court appoints. The court decides based on legal criteria, not your personal wishes. The deputy may be a family member you wouldn't have chosen, or even a professional stranger.

Q: What decisions can't be made without an LPA or deputyship?

A: Without legal authority, no one can access your bank accounts, sell your property, pay your bills, claim benefits on your behalf, make healthcare decisions, arrange care home placement, or manage investments. All financial and welfare decisions are frozen until deputyship is granted.

Conclusion

Key takeaways:

  • Without an LPA, your family faces a 6-12 month Court of Protection process costing £2,621-£4,921 upfront (vs. £92 LPA)
  • No one has automatic legal authority—not your spouse, children, or parents. The court chooses your deputy, not you.
  • Financial freeze begins immediately: bank accounts locked, bills unpaid, care decisions delayed
  • Over 78% of UK adults lack an LPA, leaving families vulnerable to £8,971-£45,661 in deputyship costs over 10 years
  • You can still create an LPA in early-stage dementia if you understand the purpose—but capacity can deteriorate suddenly

Emma's husband James wishes he'd known about LPAs before her stroke. He wouldn't have spent nine months in legal limbo, watching her care suffer while he fought for the right to help her. The families in this article learned too late. You don't have to.

Need Help with Your Will?

Creating an LPA protects you during your lifetime. But protecting your family after your death requires a legally valid will. Together, an LPA and a will provide complete estate planning—ensuring your affairs are managed both during incapacity and after your passing.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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