This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.
The short answer
If you lose mental capacity and haven't made a Lasting Power of Attorney, no one has automatic legal authority to manage your money or make decisions about your care. That includes your spouse, partner or children. To get that authority, someone usually has to apply to the Court of Protection to be appointed as your deputy. It's a court process, it has fees, and it continues with annual supervision for as long as the deputyship lasts.
What "lacking mental capacity" means
GOV.UK explains that someone lacks mental capacity when they can't make a particular decision for themselves at the time it needs to be made. It can happen gradually, for example with dementia, or suddenly after a stroke, a serious brain injury or an accident. Capacity can also come and go, so a person may be able to make some decisions but not others.
Once someone can no longer understand what an LPA is and what it means to sign one, it's too late to make one.
What can go wrong in practice
- Money in your sole name: without an attorney or deputy, your family may not be able to manage accounts, savings or investments in your name, even to pay your own bills or care fees.
- Your home: GOV.UK says that if you want to sell a jointly owned property and the other owner has lost mental capacity, you'll have to apply to the Court of Protection. That can hold up a sale or a move into care.
- Pensions and benefits: someone needs proper authority to deal with pension providers and other organisations on your behalf. For benefits alone, the Department for Work and Pensions has a separate "appointee" route.
- Care and treatment: doctors and care professionals will make decisions in your best interests and should consult family, but no relative has the legal power that a health and welfare attorney would have.
Becoming a deputy: how it works
A deputy is someone the Court of Protection authorises to make decisions for a person who lacks capacity. There are two types, which mirror the two types of LPA:
- Property and financial affairs deputy: pays bills, organises pensions and manages money and property.
- Personal welfare deputy: makes decisions about medical treatment and care. GOV.UK says the court usually only appoints a personal welfare deputy in limited situations, for example where there's doubt that decisions will be made in someone's best interests, or where decisions are needed about a specific issue over time, such as where someone will live.
The application
To apply, the person applying must be 18 or over. They fill in a set of court forms, which for a personal welfare application include a capacity assessment. They must also tell the person concerned and at least 3 other people who know them, such as relatives, a social worker or a doctor. Those people can object. The court then decides whether to appoint a deputy, and who, and issues a court order setting out what the deputy can and can't do.
What it costs
GOV.UK lists these fees:
| Fee | Amount |
|---|---|
| Application fee (paid twice if applying for both types of deputy) | £432 |
| Hearing fee, if the court decides one is needed | £266 |
| Assessment fee for a new deputy | £100 |
| Annual supervision fee: general supervision | £320 a year |
| Annual supervision fee: minimal supervision (some property and affairs deputies managing less than £21,000) | £35 a year |
A property and affairs deputy may also have to pay for a security bond, a type of insurance that protects the person's money. The cost depends on the value of the estate. Help with the application fee may be available depending on income and benefits. Legal help with the application is an extra cost if you use it.
Life as a deputy
Deputies are supervised by the Office of the Public Guardian. They must write an annual deputy report explaining the decisions they've made, keep the person's money separate from their own, keep records and receipts, and follow the court order on gifts. They can't make or change a will for the person, and they need the court's permission for things outside the order. The OPG can visit, and can ask the court to replace a deputy who doesn't meet its standards.
Compare that with an LPA
| Lasting Power of Attorney | Deputyship | |
|---|---|---|
| Who chooses? | You choose your attorneys | The court decides |
| When is it set up? | In advance, while you have capacity | After capacity is lost |
| Government fee | £92 per LPA to register | £432 application fee, plus other fees |
| Ongoing fees | None | Annual supervision fee (£320 or £35) |
| Annual report | Not required | Required every year |
An LPA also lets you set out your own instructions and preferences, and lets you choose people you trust, not just whoever applies to the court. See what an LPA is and the two types, and how much an LPA costs.
What to do now
- If you, or the person you're worried about, still have capacity: make LPAs now. Registration takes 8 to 10 weeks if there are no mistakes, so it's best not to leave it until there's a crisis.
- If capacity has already been lost: the usual route is a deputyship application to the Court of Protection. GOV.UK has the forms and guidance, and the Office of the Public Guardian can explain the process.
- Don't forget your will: an LPA covers your lifetime, but it ends when you die. Your will covers what happens next. See what happens if you die without a will.
Frequently asked questions
Can my husband or wife manage my money without an LPA?
Not automatically. Being married doesn't give your spouse legal authority over accounts, investments or property in your name. They may need to apply to the Court of Protection to become your deputy.
How much does it cost to become a deputy?
GOV.UK lists a £432 application fee, £266 if a hearing is needed, a £100 assessment fee for new deputies, and an annual supervision fee of £320 (or £35 for minimal supervision). A security bond may also be needed.
Can a deputy be appointed for health decisions?
Yes, but GOV.UK says the court usually only appoints a personal welfare deputy in limited circumstances, such as when the family disagree about care. A health and welfare LPA avoids that uncertainty.
Is it too late to make an LPA after a dementia diagnosis?
Not necessarily. What matters is whether the person can understand and make the decision to create an LPA at the time. If in doubt, speak to their doctor and act quickly.
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Sources: GOV.UK: Deputies – make decisions for someone who lacks capacity; GOV.UK: Deputies – fees; GOV.UK: Deputies – supervision, support and visits; GOV.UK: Joint property ownership; GOV.UK: Make, register or end a lasting power of attorney. Checked 23 October 2026.