What Happens If You Lose Capacity Without an LPA?

The immediate problem

Without an LPA, family members do not automatically gain broad authority to manage finances or make welfare decisions once capacity is lost.

Typical route: deputyship

Where authority is needed, families often need to apply to the Court of Protection for deputyship or specific orders.

The court fees and supervision costs are set by GOV.UK:

• Applying: £432 application fee, plus a £100 assessment fee for a new deputy. The application fee is paid twice if a deputy is needed for both money and welfare decisions.
• Each year: supervision at £320 a year (general supervision) or £35 (minimal supervision). Minimal supervision applies to some deputies managing less than £21,000.
• Security bond: a property and affairs deputy usually needs one. There is no fixed price, because the cost depends on the estate.

Each LPA costs £92 to register, and there is no yearly supervision fee.

Source: GOV.UK, Become a deputy: fees, checked October 2026.

Source: GOV.UK, Make, register or end a lasting power of attorney: register, checked October 2026.

Why this is difficult in practice

• Process delays
• Additional cost burden
• Stress during already difficult circumstances
• Limited scope compared with tailored prior planning

Time sensitivity

Many issues are urgent: bills, care arrangements, property management, medical coordination. Delay can amplify practical and financial harm.

Family friction risk

Absence of appointed attorneys often increases conflict risk about who should lead decisions.

The planning lesson

LPAs are best created while capacity is stable, not when problems begin.

Next reading

• LPA Complete Guide
• Choosing Attorneys and Replacements
• Registering an LPA