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What Happens If You Lose Capacity Without an LPA?

Written by: Sat Lally · Reviewed by: ClearLegacy editorial team · Last updated: September 2026

Quick answer

Nobody — not even your spouse — automatically gains the right to manage your money or care. Your family must apply to the Court of Protection to be appointed your "deputy": typically months of waiting, several hundred pounds in fees per application, ongoing annual supervision and a security bond.

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Reviewed by the ClearLegacy editorial team Wills Act 1837 compliant · Updated 2026-07-05

The frozen-accounts problem

The moment a bank learns an account holder has lost capacity, sole accounts are effectively frozen and even joint accounts can be restricted. Direct debits, mortgage payments and care fees still fall due. Without an LPA, no one has authority to step in — a situation families usually discover at the worst possible moment.

Making an LPA

ClearLegacy writes Wills only. You can make a Lasting Power of Attorney yourself on GOV.UK, paying only the Office of the Public Guardian’s registration fee, or ask a solicitor to prepare one for you.

Make an LPA on GOV.UK →

Deputyship: the fallback, and its price

The Court of Protection can appoint a deputy (usually a family member) to manage the person’s affairs. But compare the two routes: an LPA is a one-off £92 per document, made in weeks, on your terms, choosing your own attorneys. A deputyship costs roughly £400 in application fees per type, a possible £500 hearing fee, a £100 new-deputy assessment, up to £320 every year in OPG supervision, plus a security bond — and commonly takes several months to grant. With solicitor help, first-year costs routinely reach several thousand pounds.

And the person at the centre gets no say: the court chooses the deputy, not them. Health-and-welfare deputyships are granted only rarely, so care decisions may default to social services and doctors rather than family.

The fix costs £92 and an afternoon

Every part of that scenario is avoidable while you have capacity: make both LPAs (£184 total in OPG fees), and pair them with a Will so both halves of the job are done — the Will takes about 15 minutes online and £89. Full how-to in applying for an LPA.

Frequently asked questions

Not automatically. Sole accounts are frozen once the bank knows about incapacity, and even joint accounts can be restricted. A registered LPA (or court-appointed deputyship) is required.
A court order appointing someone (usually family) to manage the affairs of a person who has lost capacity without an LPA. It involves application fees around £400 per type, possible hearing fees, annual supervision up to £320 and a security bond.
Commonly several months from application to court order — during which no one may have full authority over the person’s finances.
Substantially. An LPA is a one-off £92 per document. Deputyship involves around £400 application fees per type, £100 assessment, up to £320 annual supervision, a security bond, and often thousands in legal costs in year one.
Yes. The court decides who is suitable, and for health-and-welfare matters it appoints deputies only rarely — meaning care decisions can rest with professionals rather than family.

Related guides

LPA complete guide → How to apply → LPA vs will → Start your Will — £89 →

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About ClearLegacy — ClearLegacy is a UK online will-writing service operated by Kaizen Finance Ltd (Co. 12092327): fixed-fee Wills for England & Wales — £89 single, £129 mirror — checked against the Wills Act 1837 and usually delivered by email within 24 hours. An affordable alternative to Farewill and Co-op Legal Services. About ClearLegacy · How the online Will service works · Start a Will

E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change, and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.