Guide

What happens if you lose capacity without a Lasting Power of Attorney?

If you lose the ability to make decisions and have no Lasting Power of Attorney, your family cannot simply step in. Someone has to apply to court.

Last reviewed 2 November 2026. General information, not legal advice. All guides

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Why family cannot just act

Being a spouse or child does not give anyone legal authority over your money. Banks will not give access to a sole account, and a home cannot be sold on your behalf without proper authority, however urgent the need.

The deputyship route

The family must apply to the Court of Protection to appoint a deputy. The court assesses the situation, may require a bond, and sets limits on what the deputy can do. Deputies have to report to the Office of the Public Guardian every year.

Why it is worse than an LPA

  • Slower. It can take many months, during which bills may go unpaid.
  • More expensive. There are court fees, a bond and annual supervision fees.
  • Less control. The court chooses the deputy and you have no say in it.
  • More paperwork, with yearly accounts to the Office of the Public Guardian.

The solution

Make Lasting Powers of Attorney while you still have capacity. See our guide to Lasting Powers of Attorney.

Quick answers

Common questions

Can my spouse access our joint account if I lose capacity?

A joint account can often continue to be used, but they cannot deal with your sole accounts, or sell property in your name, without authority.

How long does a deputyship take?

Often several months, which is why it is best to avoid needing one by making an LPA in advance.

Can I make an LPA once I have lost capacity?

No. You must have capacity to make one, so the time to do it is now.

Keep reading

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