What happens if there is no power of attorney?
If someone loses capacity without a power of attorney, family cannot automatically take over; learn the court routes and safe interim steps.
How this guide was prepared
Purpose: rights guidance · Level: detailed
Checked by: Does Your Duck Quack. Sources are linked below; seek professional advice for individual circumstances.
The short answer
What to do first
If someone loses capacity without a power of attorney, family cannot automatically take over; learn the court routes and safe interim steps.
Start here: Capacity is specific to a decision and time. Offer practical support first. A diagnosis or unwise choice alone does not prove inability to decide.
Visual guides
See the decision at a glance
- 1. Check the decisionCapacity is specific to the decision and time; offer practical support before concluding it is absent.
- 2. Check existing authorityFind any registered document made while the person could decide.
- 3. Use the legal routeAsk about deputyship, guardianship, intervention or controllership for the person’s nation.
- 4. Avoid unauthorised actionFamily relationship or a joint account does not give authority over all money or care choices.
- 5. Get adviceAsk a solicitor or advice service about applications, fees and safe interim steps.
- England and WalesAn LPA is made while the person has capacity; a deputy may be appointed if authority is needed later.
- In ScotlandContinuing or welfare power is distinct from sheriff-court guardianship or an intervention order.
- Northern IrelandAn EPA covers financial affairs; the Office of Care and Protection may appoint a controller.
Scope of this guide
This guide helps you understand the options and questions to ask. It is not personal medical, legal or financial advice. Check the official sources for your nation and seek qualified help for high-stakes decisions.
Who this guide is for
Families who need to manage urgent practical matters for an adult who may no longer be able to make a particular decision.
A diagnosis, family relationship or shared home does not by itself give another adult authority over someone’s money or personal decisions. Capacity is specific to each decision. If someone cannot decide and has no valid authority, the legal route depends on the nation and decision. This is general information, not personal legal advice; ask a solicitor or advice service if money, care, property or a dispute is involved.
What to prepare and ask for
1. Check whether the person can still decide
Capacity is specific to a decision and time. Offer practical support first. A diagnosis or unwise choice alone does not prove inability to decide.
2. England and Wales: apply to the Court of Protection
A deputy may manage property and finances or, less commonly, personal welfare. The court reviews evidence and notice, then limits powers in its order. The Office of the Public Guardian supervises deputies; they keep records and report. Property deputies may need a security bond.
3. Understand the England and Wales fees
GOV.UK currently lists a £432 application fee and £266 if a hearing is required. A new deputy pays £100 assessment and annual supervision of £320 general or £35 minimal if eligible. Fee help may apply; bond and solicitor costs are extra.
4. Use the nation-specific route elsewhere
In Scotland, a sheriff may grant continuing guardianship or a one-off intervention order. Northern Ireland uses controllership through the Office of Care and Protection. Check current fees and ask about court, medical-report and solicitor costs.
5. Manage only what is authorised meanwhile
A benefits appointee handles only specified benefit claims and payments, not all savings, property or care decisions. A joint account does not settle ownership. Speak to the bank and get advice before moving money without clear authority.
6. Plan ahead and seek advice
If the person can decide now, a power of attorney lets them choose who may act later. England and Wales use LPAs, Scotland continuing and welfare powers, and Northern Ireland EPAs. Get advice about cross-border assets or uncertainty.
Evidence and questions
- No informal authority assumed
- Decision and assets listed
- Correct nation identified
- Benefits appointeeship separated
- Least restrictive route considered
- Legal costs and reporting duties understood
- Interim action is limited to authority already in place.
Common questions
Can a son or daughter manage a parent’s bank account if there is no power of attorney?
No. Next of kin status does not give authority over another adult’s finances. If the account holder can consent, the bank may explain ways to help; if they cannot make the decision, formal authority may be needed. Do not use their card, login or money without permission. Contact the bank if essential bills are at risk.
How much does it cost to become a deputy?
In England and Wales, GOV.UK lists a £432 application fee, a possible £266 hearing fee, £100 assessment and annual supervision of £320 or £35 for qualifying minimal supervision. A bond or solicitor may add costs; fee help may apply. Scotland and Northern Ireland have separate charges, so check the live national fee pages.
How long does a Court of Protection deputyship take?
There is no guaranteed processing time. Missing evidence, incomplete forms, objections or a hearing can cause delay. If a matter cannot wait, ask a solicitor whether an urgent or interim application is available. Keep copies and contact the court using the current details on its guidance.
Can I use a benefits appointeeship instead of deputyship?
An appointee can manage only the benefit claim and payments in the appointment, not automatically sell property, manage savings or make health decisions. A joint account does not resolve ownership. Ask about the court route for the person’s nation and do not move funds until the bank or a solicitor confirms what is permitted.
Before you act
Write down the outcome you want, the names and dates involved, and the evidence or documents you already have. Ask for important decisions, costs and next steps in writing. If information is unclear, ask which nation’s rules are being used and when the decision will be reviewed.
If there is a delay or disagreement
Keep a short factual record of calls, letters and missed actions. Ask for the responsible person, the written reasons, the complaints or review route and any deadline. Immediate health or safety risks should be escalated separately rather than waiting for a routine complaint.
Differences across the UK
Use the correct national framework. England and Wales have deputyship through the Court of Protection; Scotland uses sheriff-court guardianship or intervention orders; Northern Ireland uses controllership through the Office of Care and Protection. The Mental Capacity Act (NI) 2016 is partially commenced. Benefits appointeeship covers specified benefits only.
Primary sources
The publisher checked this guide against the 10 official sources below. This is an editorial source check, not approval by a clinician, lawyer or benefits adviser.
- GOV.UK: Become a deputy
- mygov.scot: Guardianship orders
- GOV.UK: Deputy fees
- GOV.UK: Become an appointee for someone claiming benefits
- Office of the Public Guardian Scotland: Guardianship orders
- Office of the Public Guardian Scotland: Guardianship fees
- Office of the Public Guardian Scotland: Intervention order fees
- Department of Justice Northern Ireland: How to apply to become a controller
- Department of Health Northern Ireland: Mental Capacity Act legislation
- nidirect: Managing your affairs and enduring power of attorney
Related guides
- Lasting power of attorney: forms, fees and how to apply
- Power of attorney in Scotland (LPA): forms, fees and rules
- Enduring power of attorney in Northern Ireland
Editorial note: By Does Your Duck Quack.