What Happens If You Have No Power of Attorney in England

In short: With no power of attorney in place, nobody automatically gains the right to manage a person’s money or make decisions once they lose capacity. In England and Wales, families usually apply to the Court of Protection for a deputy, while health and care decisions are made in the person’s best interests. Deputyship can take six months or more (Alzheimer’s Society, November 2026).

What happens when there is no power of attorney

Where there is no power of attorney and a person has lost the ability to make their own decisions, nobody automatically takes over. In England and Wales, authority has to come from a deputy appointed by the Court of Protection, a one-off order from that court, or, for health and care, a best-interests decision made under the Mental Capacity Act 2005.

A lasting power of attorney (LPA) is the document a person signs while they can still decide, naming who will act for them. It can cover finances and property, or health and welfare. When none exists, everyday tasks can stall: paying care fees, dealing with the bank, agreeing a long-term care arrangement, or selling a property to fund care.

GOV.UK advises checking first whether the person already has an attorney or deputy, and asking them for help if so. An enduring power of attorney made before 1 October 2007 may also still be usable, but it must be registered with the Office of the Public Guardian before it can be used. If any of these exist, a deputy is usually not needed.

Why a bank may restrict the account

A bank may restrict or freeze an account once it learns the holder has lost capacity, because it needs proof that someone has legal authority to act. Age UK’s Factsheet 22 says a bank may freeze a sole account holder’s account once it learns of the loss of capacity, although it may allow one-off access. For a joint account, it may limit use to essential bills until an attorney or deputy is in place.

GOV.UK guidance on managing a bank account for someone else describes the joint account position in similar terms: a bank can temporarily restrict the account to essential transactions, such as living expenses and medical or residential care bills, until a deputy is appointed or a power of attorney is registered.

Informal arrangements stop working at this point, so a family with no power of attorney cannot simply carry on as before. The same guidance says a third party mandate is not appropriate when the account holder is losing the ability to make relevant decisions, and an ordinary power of attorney stops being legal authority if the person loses mental capacity. A bank will usually ask for a registered LPA or a copy of the court order, plus proof of name and address for you and the account holder.

Speak to the bank early, explain the situation and ask what evidence it needs. Alzheimer’s Society notes that families sometimes pay care fees themselves while waiting. If you do this, keep clear records and receipts, because the court can be asked to include repayment when a deputy is appointed.

Applying for deputyship through the Court of Protection

Deputyship is the main route for ongoing decisions when someone has lost mental capacity without an LPA. A deputy is a person the Court of Protection authorises to make decisions for someone who lacks capacity, and GOV.UK says the role is available only in England and Wales. A deputy is usually a family member or friend, although Age UK notes the court can appoint a professional.

The court checks whether the person needs a deputy or some other kind of help, and whether anyone objects to your appointment. If you are appointed, you receive a court order that sets out what you can and cannot do. The order can be limited to particular areas, such as a pension or a mortgage. Our guide to Court of Protection deputyship covers the process in more detail.

Once appointed, a deputy must send an annual report to the Office of the Public Guardian, which supports and supervises deputies. You remain a deputy until the court order is cancelled or expires, and to change or renew it you apply to the court. Alzheimer’s Society adds that a local authority can apply as a last resort, so families who want to keep control usually apply themselves.

If you are weighing up the options, lasting power of attorney or deputyship compares the two routes. Consider asking a solicitor to guide you through the forms.

Property and financial affairs deputy or health and welfare deputy

There are two types of deputy, and you can apply for one type or both. A property and financial affairs deputy manages money matters such as paying bills and organising pensions. A personal welfare deputy makes decisions about medical treatment and daily care, and cannot be appointed for someone under 16.

Welfare deputies are uncommon. GOV.UK says the court usually appoints one only if there is doubt about whether decisions will be made in the person’s best interests, for example when family members disagree about care, or if someone must decide a specific issue over time, such as where the person will live.

Other routes for smaller needs

• One-off decision: you can ask the Court of Protection for a single decision on a non-urgent issue, or an urgent or emergency decision where the person is at risk. For medical treatment, the court must consider any advance decision the person has made.
• Benefits appointee: if you only need to manage state benefits, you can apply to the Department for Work and Pensions to become an appointee instead. This covers benefit payments only, not other finances.

Health and care decisions under the Mental Capacity Act

Day to day health and care decisions for someone who lacks capacity are usually made by the professionals involved, in consultation with family, without a court order. They must act in the person’s best interests under the Mental Capacity Act 2005. Adults are assumed to have capacity unless it is shown otherwise, and capacity is specific to each decision and can change over time. An unwise decision alone does not mean someone lacks capacity. Our guide to the mental capacity assessment explains how this is judged.

When deciding what is in the person’s best interests, the decision-maker should:

• encourage the person to take part as much as possible;
• consider their past and present wishes, feelings, beliefs and values;
• avoid assumptions based on age, appearance, condition or behaviour;
• check whether the person might regain capacity, in which case the decision may be able to wait;
• choose the least restrictive option.

Section 4 of the Act says they should also consult, where practicable, anyone the person has named, anyone engaged in caring for them or interested in their welfare, and any attorney or deputy. The NHS notes that if there is no suitable person to support someone, an independent advocate should be provided for serious treatment decisions or significant restrictions. The court resolves disputes between professionals, carers or family, and a valid advance decision refusing specified treatment must be followed.

A health and welfare LPA would have let a chosen person make these decisions directly. See our guide to the health and welfare lasting power of attorney for how that works.

Do a spouse or children have an automatic right to decide?

No. Being a husband, wife, civil partner, son or daughter does not by itself give legal authority to make decisions or access accounts for someone who lacks capacity. Authority comes from formal appointment, either as an attorney under an LPA or as a deputy by the court. GOV.UK sets out these routes, and the court can also make a one-off decision.

Age UK explains that family members must be consulted about best interests, but consultation is not the same as decision-making authority. In practice, family are still central. They are asked about the person’s wishes, can raise concerns with professionals, and can apply to the court.

If relatives disagree about care, the Court of Protection can resolve the dispute. A solicitor who specialises in this area can advise on whether to apply for deputyship or a one-off order.

How long it takes and what to do if there is no power of attorney

Deputyship takes time, and families with no power of attorney often need to plan for a long wait. Alzheimer’s Society says it can take six months or more, and that becoming a benefits appointee takes about three months. Age UK says an interim order may be needed in the meantime. For urgent situations, Alzheimer’s Society says you can make an emergency application to the Court of Protection to authorise payment of care fees while the deputyship is decided.

If there is no power of attorney in place, these steps are a sensible order:

1. Check whether an LPA, enduring power of attorney or deputy already exists.
2. Ask the GP or social worker about the person’s capacity for the specific decision in question.
3. Contact the bank and the relevant care provider or local authority to explain the situation.
4. Consider a benefits appointee if state benefits are the main need.
5. Decide between a deputy application and a one-off order, with advice from a solicitor.
6. Keep clear records of money spent and decisions made.

If the person still has capacity, making an LPA now means you will not be in the position of having no power of attorney later. The Office of the Public Guardian says it takes 8 to 10 weeks to process and register LPA applications (as at November 2026), so it is better not to leave it late. Our guide to the lasting power of attorney explains the choices. The Office of the Public Guardian helpline is 0300 456 0300.

This page is general information, not legal advice. For your own situation, speak to a solicitor, social worker or the Office of the Public Guardian.

Differences in Scotland, Wales and Northern Ireland

Wales follows the same system as England: the Court of Protection and deputyship apply in both. Scotland does not use deputies and uses guardianship instead. Northern Ireland uses controllers, applied for through the Office of Care and Protection. If the person lives in Scotland or Northern Ireland, the steps above will not apply in the same way, so seek local advice.

Frequently asked questions

Can the bank freeze an account if there is no power of attorney?

Yes. Age UK says a bank may freeze a sole account holder’s account once it learns they have lost capacity, though it may allow one-off access. For joint accounts, it may restrict use to essential bills until an attorney or deputy is in place.

Can my wife or husband manage our money if I lose capacity without an LPA?

Not automatically. Marriage does not give legal authority over a partner’s accounts. A joint account may be restricted to essential spending, and other decisions need a court-appointed deputy or one-off order. A bank will tell you what evidence it needs.

What is the difference between a property and financial deputy and a welfare deputy?

A property and financial affairs deputy manages money matters, such as paying bills and organising pensions. A personal welfare deputy makes decisions about medical treatment and daily care. You can apply for one or both, but the court usually appoints welfare deputies only where decisions are in doubt or disputed.

Who decides about medical treatment if there is no power of attorney?

Health professionals decide in the person’s best interests under the Mental Capacity Act 2005. They should consult family, carers and any attorney or deputy. If there is no one suitable to support the person, an independent advocate may be involved for serious decisions.

How long does it take to become a deputy?

GOV.UK does not give a timescale. Alzheimer’s Society says deputyship can take six months or more. Because of this, urgent matters such as paying care fees may need an emergency or interim application to the Court of Protection while the full application is decided.

Can I apply for deputyship in Scotland?

No. GOV.UK says the deputy role is only available in England and Wales. Scotland uses guardianship, and Northern Ireland uses controllers. If the person lives in either nation, you will need advice on the local process from a solicitor or the relevant public body.

Do I need a deputy if I only want to manage someone’s benefits?

Not necessarily. GOV.UK says you can apply to become an appointee for benefits instead. An appointee manages benefit payments only. To manage other finances, such as savings or property, you would need a deputy or another legal authority.

Official sources

• GOV.UK: Deputies, make decisions for someone who lacks capacity
• GOV.UK: Make decisions for someone
• GOV.UK: Managing a bank account for someone else
• legislation.gov.uk: Mental Capacity Act 2005, section 4
• NHS: Mental Capacity Act
• GOV.UK: Office of the Public Guardian
• Age UK: Factsheet 22, Arranging for someone to make decisions on your behalf
• Alzheimer’s Society: Accessing money to pay for care when capacity is lost

This page is general information, not legal, medical or financial advice. The Care Panel is an independent guide and is not part of any government body or care provider. Last checked 9 November 2026.

Related: How to get power of attorney · Self-funding care explained · Power of attorney in Scotland

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.