Parent lost mental capacity with no power of attorney?

If your parent has lost mental capacity and there is no power of attorney, you can still act — through a Court of Protection deputyship for the big decisions, and quicker routes like free DWP appointeeship for benefits. It is slower and more expensive than an LPA would have been, but it is a well-trodden path. And before assuming it is too late at all: capacity is decision-specific, so a parent in the early stages of dementia may still be able to make a valid LPA.

This guide covers England and Wales: what “lacking capacity” actually means, how to check whether an LPA is genuinely off the table, how deputyship works in practice, and the faster partial routes that keep the essentials running in the meantime. (Scotland and Northern Ireland have their own systems — see mygov.scot and nidirect.gov.uk.)

This guide is general information, not financial or legal advice. For advice about your own situation, speak to a regulated professional, or a free service such as Citizens Advice or Age UK.

What does “lacking mental capacity” actually mean?

Less than most families fear. Under the Mental Capacity Act 2005, capacity is decision-specific and time-specific: the question is always whether your parent can understand, retain, weigh and communicate this decision, now — not whether they are generally confused, and not what their diagnosis says.

That has two practical consequences:

• A diagnosis does not remove capacity. Dementia, a stroke, a brain injury — none of these automatically means your parent cannot make decisions. Many people with early dementia retain capacity for major decisions for a long time.
• Capacity can vary by decision and by day. Your parent might lack capacity to manage their finances but still be able to decide who they trust — which is exactly the understanding an LPA requires.

The law starts from a presumption of capacity. Nobody — not a bank, not a care home, not a relative — should treat your parent as lacking capacity without a proper reason. The official overview at gov.uk/make-decisions-for-someone sets out the framework.

First: could they still make an LPA?

Before starting a deputyship application, check the assumption. Because the test for making an LPA is understanding that decision at that moment — what an LPA is, what powers it gives, to whom — a parent who can no longer run their own affairs may still be able to make one, especially in the earlier stages of dementia.

If there is any doubt, get it assessed rather than guessing either way. A GP can assess capacity, and a solicitor who specialises in older clients (search Solicitors for the Elderly at sfe.legal) can both assess and act as the certificate provider, creating a record that the LPA was validly made. If the assessment says yes, an LPA costs £92 per document to register (fee correct as of 2026 — check gov.uk) and avoids everything in the rest of this article — see our step-by-step power of attorney guide.

If the assessment says no, read on. You have options.

What is a Court of Protection deputyship?

A deputyship is a court order appointing someone — usually a family member — to make decisions for a person who lacks capacity. It is the standard route when there is no LPA and no old enduring power of attorney.

There are two kinds:

• Property and affairs deputyship — money, bills, benefits, property. This is the common one, and the one most families need.
• Personal welfare deputyship — care and medical decisions. These are rarely granted; courts usually prefer specific decisions to be made case by case in the person’s best interests instead.

A realistic picture of the property and affairs route:

• Timeline. The application typically takes several months from start to court order. During that time nobody can access your parent’s accounts, which is why the interim routes below matter.
• Cost. Expect several hundred pounds up front — a court application fee, often plus a fee for the professional capacity assessment the court requires — and then ongoing annual costs: a supervision fee and a security bond. Check gov.uk/become-deputy for current figures.
• Ongoing duties. Deputies act under the court’s supervision: they must follow the Mental Capacity Act’s best-interests principles, keep your parent’s money separate, keep records, and file an annual report to the Office of the Public Guardian.

It is more bureaucratic than an LPA, but thousands of families do it every year, and you can apply without a solicitor — though for a large or complicated estate, professional help with the application is often money well spent.

What are the quicker routes while you wait — or instead?

Deputyship is the full solution, but it is not always the necessary one. Several narrower routes solve specific problems faster:

• DWP appointeeship — for benefits, free, and often enough. If the money that matters is your parent’s State Pension and benefits, you may not need a deputyship at all. The DWP’s appointee system lets you claim and manage benefits and receive payments on your parent’s behalf, with no power of attorney and no court. You apply at gov.uk/become-appointee-for-someone-claiming-benefits; the DWP usually arranges a short visit before appointing you. For many families this covers most of the practical money problem — including making the Attendance Allowance and Pension Credit claims that so often go unmade.
• Existing arrangements keep working. Direct debits keep paying the bills, and pensions and benefits keep arriving in your parent’s account. A crisis of access is not always a crisis of payment — check what is actually breaking before assuming everything is.
• Care and treatment decisions happen regardless. NHS staff and social workers can make decisions in your parent’s best interests under the Mental Capacity Act, and they should consult the family where practical. Your parent will not be denied treatment or care planning because no LPA exists.

Two routes you may read about elsewhere come with caveats. A third-party bank mandate only works while the account holder has capacity, so it is not available once capacity is lost. And a joint account gives both people full access to all the money, with survivorship consequences when one dies — flag it to a professional before relying on it.

What can’t a deputyship easily do?

Worth knowing before you start:

• Welfare decisions. A property and affairs deputyship does not cover care or medical decisions, and standalone welfare deputyships are rarely granted. Big welfare questions — a disputed care-home move, a treatment disagreement — are usually resolved as one-off best-interests decisions, with the Court of Protection available if agreement fails.
• Speed. Nothing about the Court of Protection is quick. If a decision is urgent, say so in the application — but plan around months, not weeks.
• Anything outside the order. A deputy’s powers are whatever the court order says, no more. Selling your parent’s house, for example, may need specific authority — read the order carefully.

Where can you get help?

You do not have to navigate this alone:

• gov.uk/become-deputy — the official application process and current fees.
• Age UK and the Alzheimer’s Society — clear guides and support lines staffed by people who have this conversation every day.
• Citizens Advice — free help, including with the benefits side.
• A Solicitors for the Elderly member (sfe.legal) — for capacity assessments, deputyship applications and anything contested.

One more practical step while you are sorting the legal side: make sure the money side is claimed. Families in exactly this situation routinely miss Attendance Allowance and Pension Credit — benefits an appointee or deputy can claim on a parent’s behalf, often worth thousands of pounds a year. Our free benefits check takes a few minutes and shows what your parent may be entitled to.