If you lose mental capacity without a Lasting Power of Attorney, your family cannot manage your finances or make care decisions without going to court. This guide explains what happens, what it costs, and why it matters.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 18 min.
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No. A spouse has no automatic legal authority to manage the other's sole accounts, pension, or property if they lose mental capacity. Joint accounts can usually be accessed by either account holder, but sole accounts are frozen. Without an LPA, your spouse would need to apply to the Court of Protection for a deputyship order.
An LPA is made in advance, by you, while you have capacity. You choose your attorney and the scope of their authority. A deputyship is made by the Court of Protection after you have lost capacity. The court chooses the deputy, defines their powers, and supervises them annually. A deputyship is more expensive, slower, and gives you no control over who acts for you.
Possibly, yes. A dementia diagnosis does not automatically mean you lack mental capacity. Capacity is assessed decision by decision, so someone with early-stage dementia may still have capacity to make an LPA. If there is any doubt, ask a solicitor or another suitable professional to help document the capacity assessment.
Doctors will make decisions in your best interests under the Mental Capacity Act 2005, consulting family members where possible. Family members have no legal right to override medical decisions, and the hospital does not have to follow their wishes. A Health and Welfare LPA gives your attorney legal authority to make those decisions, including decisions about life-sustaining treatment if you include that power.
GOV.UK currently lists a £432 application fee, a £266 hearing fee if the court lists one, a £100 assessment fee for new deputies, and annual supervision fees. General supervision is £320 a year and minimal supervision is £35 a year where the person's assets are under £21,000. A property and financial affairs deputy may also need a security bond, and professional fees vary by case.
Yes. The Office of the Public Guardian provides an online service at gov.uk/power-of-attorney. You can complete the forms online, but the LPA still needs the right signatures, witnesses and certificate provider, and it must be sent to the OPG for registration before it can be used.