When it is too late to make a Lasting Power of Attorney: how a deputyship application can help

Many people have heard of Lasting Powers of Attorney (LPAs), but families are often less familiar with what happens if a loved one loses mental capacity before an LPA has been put in place.

In fact, 1.33 million LPAs were registered in England and Wales in 2025 alone, demonstrating just how widely they are used. But what happens when those arrangements haven’t been made in time?

This can happen unexpectedly following a diagnosis of dementia, a serious illness or brain injury. It may also be relevant where someone has long-standing difficulties with capacity, for example due to a learning disability, and their financial affairs become more complex or difficult to manage.

At what is often already a difficult and emotional time, relatives may discover that they do not automatically have authority to manage another person’s finances, even if they are their spouse, child or next of kin.

If the person no longer has the mental capacity to make an LPA, an application to the Court of Protection for the appointment of a deputy may be required.

My experience in supporting families

Through my work with Lasting Powers of Attorney and Court of Protection matters, I help clients plan ahead for a possible future loss of capacity. I also support families where a loved one has already lost capacity and no suitable authority is in place.

Deputyship applications are often needed when families are already under pressure, dealing with care needs, financial uncertainty, property issues or difficulties communicating with banks and other organisations.

I have assisted with deputyship applications in a range of circumstances. In one matter, an individual with long-standing learning difficulties was later diagnosed with dementia and lost capacity to manage their property and financial affairs. With limited family support available, an application was made for a sibling to be formally appointed as deputy, allowing decisions to be made for their benefit and their care arrangements to be properly maintained.

In another matter, a client had not made an LPA before losing capacity. As their care needs increased, it became necessary to sell their property to help fund their ongoing care. With no attorney in place who had authority to deal with their property and finances, family members had to apply to the Court of Protection to be appointed as deputies before the sale and related financial arrangements could progress.

These examples show how quickly practical difficulties can arise when there is no LPA in place. Families may be ready and willing to help, but organisations such as banks and pension providers will usually require the appropriate legal authority before important financial matters can be dealt with.

What is a deputyship?

A Deputyship Order is made by the Court of Protection and appoints a person, usually a family member or trusted professional, to make certain decisions on behalf of someone who lacks the mental capacity to make those decisions themselves.

The most common applications relate to property and financial affairs. Depending on the authority granted by the Court, a deputy may be able to manage bank accounts, pay bills, deal with pensions and benefits, manage investments or buy or sell property.

The precise decisions a deputy is authorised to make will be set out in the Court order, and decisions must be made in the person’s best interests.

Helping clients understand the process

A key part of my role is helping clients understand the deputyship application process in clear and practical terms.

Applications can take several months, which can be particularly difficult where funds are needed to pay care fees, maintain a property or deal with pressing financial commitments.

A property and financial affairs application will usually involve providing information about the person’s circumstances and finances, evidence concerning their mental capacity and information about the proposed deputy. The relevant people will also generally need to be notified as part of the process.

Careful preparation can make a real difference. I help families gather the right information and evidence, understand each stage and ensure their application is as clear and complete as possible before it is submitted to the Court.

The responsibilities of a deputy

Being appointed as a deputy is not simply an administrative role. A deputy must understand the scope of the Court order, keep appropriate records, act in accordance with the Mental Capacity Act 2005 and make decisions in the person’s best interests.

The Office of the Public Guardian (OPG) supervises deputies, who are expected to comply with the OPG Deputy Standards. These cover areas including best interests’ decision-making, financial management and record-keeping.

Where a family member is appointed as deputy, they may already understand the person’s background and preferences. However, decisions must still be made properly and in the person’s best interests, rather than simply based on convenience or personal preference.

The importance of planning ahead

Although deputyship provides an important safeguard when capacity has already been lost, the need for an application can often be avoided through proactive planning.

Making a Lasting Power of Attorney while you have mental capacity allows you to choose who you would like to make decisions on your behalf if you become unable to do so in the future.

For many families, going through the deputyship process highlights the importance of putting arrangements in place before they are needed. That is why I encourage clients to consider LPAs as part of their wider future planning.

How I can help

I assist clients with Lasting Powers of Attorney and Court of Protection deputyship applications, giving me practical experience of both proactive planning and applications that become necessary after capacity has already been lost.

Deputyship applications can feel daunting, particularly where a family is already dealing with changing circumstances, care needs and financial pressures. My approach is to guide families through the process clearly, sensitively and practically, while keeping the person’s best interests at the centre of every decision.

If you are concerned that a loved one has lost mental capacity and there is no Lasting Power of Attorney in place, or if you would like to plan ahead, please contact me, Samir Khan, or a member of the Attwaters Solicitors’ Wills, Trusts & Probate team. We will be happy to discuss your circumstances and the options available to you.