What happens if capacity is already lost?
If the donor no longer has the mental capacity to understand what an LPA does, one cannot be made — not by a spouse, a child, or any service, however urgent the need. The family's route instead is to apply to the Court of Protection to be appointed as a deputy, which is slower, considerably more expensive, and remains under the court's ongoing supervision.
Make your LPA online for £49
Answer simple questions. We prepare your LPA documents from your answers, ready for the next steps.
- £49 per LPA, or £79 for both types
- No solicitor required for straightforward LPAs
- Plain English questions, one screen at a time
- Save your progress and come back to it
- Checked for common completion errors as you go
- Review everything before you pay
The Office of the Public Guardian charges a separate £92 to register each LPA.
Is an LPA still possible for your relative?
Only the person themselves can make an LPA, and only while they have mental capacity. Start here.
They have capacity and want to make one
You can help with every part of the paperwork. They make the decisions and sign.
You are not sure whether they have capacity
Capacity is decision-specific and a diagnosis alone does not settle it. Read how it is judged before you spend anything.
They have already lost capacity
An LPA can no longer be made — not by us and not by anyone else. The route is a deputyship application to the Court of Protection.
Why an LPA cannot be backdated or made on someone's behalf
An LPA is a voluntary decision by the donor to give named people authority over their affairs in future. If the donor cannot understand that decision at the time of signing, there is no valid decision to record, and no relative, however well-intentioned, can make it for them. This is not a technicality we can work around, and no LPA service, solicitor or court can create a valid LPA after capacity for that decision has gone.
We cannot help at this stage
If capacity has genuinely been lost, we will not take payment to prepare an LPA. The honest next step is the deputyship application described below, and we are not a law firm and do not offer legal advice on that process.
How capacity is actually judged, in practice
Capacity is assessed for the specific decision in question, not as a general label. A GP, memory clinic clinician, or other professional considers whether the person can understand relevant information about the decision, retain it long enough to think it through, weigh it up against their own values, and communicate a choice by any means. This is not something we assess, and this page cannot tell you whether a particular person currently has capacity — that requires a professional assessment, usually starting with the GP.
It is common for capacity to be unclear rather than obviously present or absent. Where there is real doubt, ask the GP for an assessment before assuming either way. A cautious, well-documented assessment at the right time can be the difference between a valid LPA and a much longer deputyship process.
The deputyship route, step by step
- An application is made to the Court of Protection, usually for either a property and financial affairs deputyship, a personal welfare deputyship, or both.
- Supporting medical evidence of the person's lack of capacity is required, along with details of the proposed deputy and the decisions they will need to make.
- The court decides whether to appoint a deputy, sometimes after further evidence or a hearing, which can take several months.
- Once appointed, a property and financial affairs deputy must usually take out a security bond (an insurance policy protecting the person's estate) and file annual reports to the Office of the Public Guardian.
Deputyship versus an LPA, compared
| LPA (capacity present) | Deputyship (capacity lost) | |
|---|---|---|
| Who chooses the attorney/deputy | The donor, in advance | The court, usually the applicant |
| Typical timescale | 8 to 10 weeks to register | Several months, sometimes longer |
| Court fee | £92 registration per document | Court application fee, often several hundred pounds in total with other costs |
| Ongoing supervision | None once registered | Annual reports, and often a supervision fee |
| Security bond | Not required | Usually required for financial deputyship |
| Can be prepared online with us | Yes | No — this is a court process, not something we offer |
The figures above are indicative and depend on the individual case; the Court of Protection and gov.uk publish the current fees. The comparison exists to make one point plainly: deputyship works, but it is slower, costs more, and carries an ongoing administrative burden that an LPA does not.
A worked example: acting a few months too late
Joan's son Peter noticed she was struggling to manage her post and bills but put off arranging an LPA, assuming there would be time. By the time he raised it, Joan could no longer follow the explanation of what an LPA would do, and the GP confirmed she lacked capacity for that decision. Peter had to apply to the Court of Protection for a property and financial affairs deputyship, which took several months, cost considerably more than an LPA would have, and now requires him to file an annual report on Joan's finances. Had the conversation happened even a few months earlier, an LPA would likely have been possible for £49 plus the £92 registration fee.
What to do next
If you are unsure whether capacity has genuinely gone, ask the GP for an assessment rather than guessing either way — some people retain capacity for simpler decisions like an LPA even when they need help with day-to-day tasks. If capacity is confirmed as present, start an LPA while that is still possible. If it has genuinely gone, look into deputyship directly with the Court of Protection or a solicitor experienced in that area, since we do not offer that service. See also what we do not do for the limits of what an online LPA service can help with.
Common questions
Can a family member just start acting informally instead?
No. Banks, care providers and the NHS require legal authority — either a registered LPA made in time, or a court-appointed deputy. Acting without either carries real risk for the person doing it.
Is deputyship permanent?
A property and financial affairs deputyship generally continues until it is no longer needed or the person dies; the court can also limit its scope or duration in some cases.
Can we apply for deputyship ourselves without a solicitor?
It is possible to apply directly to the Court of Protection, though many families use a solicitor given the medical evidence and legal forms involved. This is not something we prepare.
Does an existing LPA for money help with health decisions once capacity is lost?
No — an LP1F gives no authority over care or treatment decisions. If no LP1H was made in time, a separate personal welfare deputyship may be needed for those decisions.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about Lasting Powers of Attorney in England and Wales. We are not a law firm and this is not legal advice about your situation. What we do and do not do.