Alternatives
What happens if you don't have an LPA?
Reviewed 3 November 2026 · England and Wales
In short
If you lose mental capacity without a lasting power of attorney, no one, not even your spouse, can automatically manage your money or make care decisions for you. Your family would have to apply to the Court of Protection to be appointed as a deputy, which is more expensive, slower and leaves the choice of decision-maker to the court rather than to you.
A common myth is that a husband, wife or next of kin can simply step in. In law they cannot, not without authority. This guide explains what actually happens.
The next-of-kin myth
There is no legal status of next of kin that lets someone manage your affairs. Banks will not let a spouse operate your sole account, and care decisions default to professionals applying a best-interests test, without your chosen person having authority. Jointly held assets may still be reachable, but anything in your sole name is not.
The Court of Protection route
Without an LPA, your family must apply to the Court of Protection to be appointed as your deputy. The court decides who is appointed, which may not be who you would have chosen. Deputyship costs more than an LPA, takes longer, and a deputy is often supervised and has to report each year.
You can only make an LPA while you still have capacity. The whole point of an LPA is to avoid the cost, delay and loss of control that come with the Court of Protection, by choosing in advance.
What it can mean in practice
- Bills and mortgage payments from your sole account can stall while an application is made.
- Family cannot access funds to pay for your care without court authority.
- Decisions about your treatment and where you live are made without your chosen attorney's legal voice.
- The person appointed may not be the person you would have picked.
Frequently asked questions
Can my spouse manage my affairs without an LPA?
No. There is no automatic right, even for a husband or wife, to operate your sole accounts or make your care decisions. They would need to apply to the Court of Protection to be appointed as your deputy.
Is next of kin enough to make decisions?
No. Next of kin has no legal authority to manage someone's money or consent to their care. That authority comes only from an LPA, or a Court of Protection deputyship.
Can I still make an LPA if I have been diagnosed with dementia?
Possibly. You can make an LPA as long as you still have the capacity to understand it at the time. An early diagnosis does not automatically remove capacity, so it is worth acting promptly.
Related resources
LPA vs Court of Protection: which is cheaper?
The difference between a lasting power of attorney and the Court of Protection, why an LPA is far cheaper and faster, and what happens if you wait too long.
What is a lasting power of attorney?
A plain-English guide to lasting power of attorney in England and Wales: the two types, how an LPA works, who is involved and how to set one up.
Which lasting power of attorney do I need?
Property and financial affairs or health and welfare? A clear comparison of the two types of LPA so you can decide which one, or both, you need.
What is the difference between a will and an LPA?
A will and a lasting power of attorney do completely different jobs. The difference between a will and an LPA, and why most people need both.
Power of attorney for an elderly parent
How to help a parent set up their LPA while they still have capacity.
Power of attorney after a dementia diagnosis
You can still make an LPA after a dementia diagnosis, as long as capacity remains.
LPASafe covers England and Wales only. Scotland and Northern Ireland use different systems. We are not a law firm and do not give legal advice. The LP1F and LP1H forms are available free on gov.uk.
Ready when you are
Do not leave it to the court to decide
Set up your LPA now and choose who acts for you, instead of leaving your family a costly Court of Protection application later.