What If You Can't Make Decisions? (And No One Has Authority to Help)

Everyone thinks about what happens when they die. Far fewer think about what happens if they're still alive but can't think for themselves.

Yet it's more likely. You're more likely to be incapacitated for some period than to die suddenly. Strokes. Car accidents. Early-onset dementia. Severe depression. Brain injuries. Complications from routine surgery.

And when it happens, your family discovers a devastating truth: marriage certificates and birth certificates don't grant authority. Without an LPA, the person who loves you most can't pay your bills, access your accounts, sell your car, manage your investments, or agree to your medical treatment.

This isn't fear-mongering. It's the law.

The scenario no one talks about
What actually happens without an LPA
Why marriage doesn't help
The Court of Protection alternative
How LPAs solve this
Frequently Asked Questions
Next Steps

The Scenario No One Talks About {#the-scenario-no-one-talks-about}

Let me tell you about Sarah.

Sarah's husband James had a stroke at 42. He survived, but with significant cognitive impairment. He couldn't manage his own affairs, couldn't sign documents, couldn't make complex decisions.

Sarah assumed she could step in. They'd been married 15 years. Joint mortgage, joint lives.

But James's salary went into his personal account. Sarah couldn't access it. The mortgage payment was due. She couldn't pay it from his account. She couldn't even phone the bank and discuss his account without his permission - permission he couldn't give.

James had investments. Sarah couldn't sell them to fund his care. James had a car. Sarah couldn't sell it. James was co-director of a small business. Sarah couldn't make decisions on his behalf.

And when decisions about his care needed to be made - whether to attempt a risky surgery, whether to move him to a specialist facility - Sarah legally had no more say than a stranger.

Because James had no LPA.

This isn't a rare edge case. This happens every day in the UK.

What Actually Happens Without an LPA {#what-actually-happens-without-an-lpa}

Your finances freeze

Banks have no choice. They cannot let anyone - not even your spouse - access your accounts without proper authorisation. When you lose capacity:

Your bank accounts become inaccessible to everyone
Direct debits keep going out until the money runs out
Bills go unpaid
Savings sit untouched while your family scrambles
Investments can't be managed or accessed
Property can't be sold

Your family watches your financial life fall apart while being powerless to help.

Medical decisions go to strangers

Without a Health & Welfare LPA, decisions about your medical care are made by medical professionals following the Mental Capacity Act's "best interests" framework. They'll consult your family, but:

Your family cannot refuse treatment on your behalf
Your family cannot insist on particular care
Your family cannot move you to a different facility
In disputes, the Court of Protection decides - not your spouse

Doctors make reasonable decisions based on medical evidence. But they don't know that you'd never want to be on life support. They don't know your views on certain treatments. They don't know what quality of life would be acceptable to you.

Your partner becomes a bystander

Imagine being married for 20 years, knowing your partner better than anyone alive, and being legally sidelined from every important decision about their care and finances.

Your opinions are "consulted" but not decisive. You're a witness to your own family's crisis rather than a participant with authority to act.

Why Marriage Doesn't Help {#why-marriage-doesnt-help}

This is the bit that shocks people.

Marriage gives you certain rights: next-of-kin status for hospital visits, inheritance rights if your spouse dies intestate, the right to be consulted on care decisions.

But it does not give you:

Access to your spouse's individual bank accounts
Authority to manage their investments
The right to sell their property or assets
Decision-making power over their medical treatment
The ability to sign documents on their behalf

Next-of-kin is not a legal power. It's a notification priority. It means the hospital calls you first. It doesn't mean you decide.

The legal position is clear

Under the Mental Capacity Act 2005, nobody has automatic authority to make decisions for an adult who lacks capacity. Not spouses. Not parents. Not children.

If you want someone to have that authority, you must grant it in advance through an LPA. There is no other way.

The Court of Protection Alternative {#the-court-of-protection-alternative}

If there's no LPA, the only option is applying to the Court of Protection to become a "deputy."

What deputyship involves

Application to the court - Extensive paperwork proving you're suitable
Assessment fees - Medical evidence of incapacity required
Court hearing - A judge decides whether to grant deputyship
Ongoing supervision - Annual reports to the Office of the Public Guardian
Security bond - Often required, ongoing insurance cost

The costs

Item	Cost
Court application fee	£371
Medical assessment	£100-£300
Solicitor fees (if used)	£1,000-£3,000
Annual supervision fee	£320
Security bond premium	£100-£300/year

Compare this to an LPA: £82 registration fee per LPA, done while you have capacity.

The timeline

Deputyship applications take 4-6 months minimum. During this time:

Your family cannot access your accounts
Your family cannot manage your property
Your family cannot make definitive care decisions
Bills may go unpaid
Opportunities may be missed
Your family is in limbo

And at the end, they still might not get the authority they need. The court can refuse. The court can limit powers. The court can appoint a professional deputy instead of a family member.

The emotional toll

Beyond the cost and delay, there's the emotional weight. Your partner is already dealing with your incapacity - the shock, the grief, the fear, the care responsibilities. Now they're also filling out legal forms, attending court hearings, and proving to a judge that they're fit to manage your affairs.

It's bureaucratic trauma on top of personal tragedy.

How LPAs Solve This {#how-lpas-solve-this}

A Lasting Power of Attorney is a legal document that appoints someone (your "attorney") to make decisions on your behalf if you lose capacity.

Two types - you need both

Property & Financial Affairs LPA Covers all financial decisions:

Accessing bank accounts
Paying bills
Managing investments
Selling property
Running a business
Handling tax affairs

Can be used as soon as it's registered (you can let your attorney help even while you still have capacity - useful for convenience as well as incapacity).

Health & Welfare LPA Covers all care decisions:

Where you live
Day-to-day care
Medical treatment
Life-sustaining treatment (if you choose to grant this power)
Care home decisions

Can ONLY be used after you've lost capacity to make those decisions yourself.

Who can be your attorney?

Anyone over 18 who you trust and who agrees to take on the responsibility. Common choices:

Spouse or partner
Adult children
Siblings
Close friends
Professional (solicitor, accountant) - for finances

You can appoint:

Multiple attorneys acting jointly (all must agree)
Multiple attorneys acting jointly and severally (any can act alone)
Different attorneys for different types of decision
Replacement attorneys (in case your primary choice can't serve)

The process

Decide who to appoint - Have the conversation, make sure they agree
Complete the forms - Online via the Office of the Public Guardian or paper forms
Get a certificate provider - Someone who confirms you understand what you're doing
Sign correctly - Specific order and witness requirements
Register with OPG - £82 per LPA, takes 8-10 weeks

You can do this yourself or with a solicitor. DIY costs £82 per LPA (£164 total). Solicitors charge £300-£800 per LPA on top.

When to do it

Now.

You can only make an LPA while you have mental capacity. Once you've lost capacity, it's too late. The option is gone forever.

There's no downside to doing it early:

The LPA sits unused until you need it
You can cancel it anytime while you have capacity
You can update it if circumstances change
It doesn't give your attorney any power until registered (Property LPA) or until you lose capacity (Health LPA)

The only risk is not having one when you need it.

Frequently Asked Questions {#frequently-asked-questions}

Key Takeaways

Marriage gives you less power than you think. Your spouse cannot access your accounts or make medical decisions without an LPA
The alternative is expensive and slow. Court of Protection deputyship costs £1,000+ and takes 4-6 months
You can only act while you have capacity. Once it's gone, the option to make an LPA disappears forever
You need both types. Property & Financial Affairs, AND Health & Welfare
It costs £164 total to register both. Compare that to the cost and trauma of not having them
Do it now. There is no good reason to wait

Next Steps {#next-steps}

Today:

Decide who you would trust to make financial decisions for you
Decide who you would trust to make healthcare decisions for you
Have a conversation with those people - make sure they're willing

This week:

Start the LPA process (gov.uk/power-of-attorney or LifeOS)
Complete both forms - Property & Financial Affairs, and Health & Welfare
Arrange for a certificate provider to verify your capacity

This month:

Sign the documents correctly (specific order and witness requirements)
Submit for registration (£82 each)
Wait for registration (8-10 weeks)
Store the registered documents safely and tell your attorneys where they are

Related Articles:

LPA Explained: The Document Everyone Needs Before They Need It - Complete guide to understanding LPAs
How Much Does an LPA Cost? - Full cost breakdown
Health vs Financial LPA: Do You Need Both? - Understanding the two types

Last updated: January 2026. This article is for informational purposes only and does not constitute legal advice. Laws described apply to England and Wales. Scotland has different arrangements (Power of Attorney) and Northern Ireland has its own LPA system.