Deputyship: What to Do When There's No Power of Attorney

By · Published 2026-06-30 · Last reviewed 2026-09-18

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If someone in England or Wales has lost mental capacity and never made a lasting power of attorney, a relative or friend aged 18 or over can apply to the Court of Protection to become their deputy. A property and financial affairs deputy can then manage their money, including paying care fees. Deputies are supervised by the Office of the Public Guardian and pay an application fee and annual supervision fees.

If a parent or partner can no longer manage their money and never made a lasting power of attorney, no one automatically has the legal right to act for them, not even a husband or wife. In England and Wales the answer is usually to apply to the Court of Protection to be appointed as their deputy. It takes longer and costs more than a power of attorney, but it gives you legal authority to pay bills, deal with banks and arrange care funding.

Deputyship applies in England and Wales. In Scotland the equivalent is guardianship, and in Northern Ireland it is a controller. This is general information; a solicitor can help with complex cases.

When do you need a deputy?

You may need to apply when all of these are true:

According to GOV.UK, if the person already has a registered lasting or enduring power of attorney, a deputy is not usually needed.

What does lacking capacity mean?

Under section 3 of the Mental Capacity Act 2005, a person is unable to make a decision if they cannot understand the information relevant to it, retain it, use or weigh it, or communicate their decision. Capacity is about a specific decision at a specific time. Someone with dementia may still be able to make some decisions, and must be supported to do so where possible.

Is there a simpler option?

If the only thing needing management is state benefits, such as the State Pension or Attendance Allowance, the DWP can appoint someone to be an appointee. An appointee can only deal with benefits, not savings, property or other income.

What types of deputy are there?

You can apply to be one or both.

Who can be a deputy?

Anyone aged 18 or over can apply, usually a close relative or friend. For money, you need the skills to manage someone else's finances. The court can appoint two or more deputies, either to act together on every decision, or so that each can act alone ("jointly and severally"). If no suitable person is available, the court can appoint a professional or a specialist panel deputy, according to GOV.UK.

How do you apply?

The GOV.UK steps for a property and financial affairs deputy are:

  1. Tell the person. Visit them and explain who is applying, what it would mean and where to get advice. Give them the notification form (COP14PADep) and the acknowledgment form (COP5), which lets them object.
  2. Tell at least three people connected to them, such as relatives, a social worker or GP, using form COP15PADep and a COP5. They have 14 days to respond.
  3. Complete the forms. Everyone completes a supporting information form (COP1A), an assessment of capacity (COP3), usually filled in by a doctor or other professional, and a deputy's declaration (COP4).
  4. Submit online or by post within three months of notifying people, or you must start again.

If you cannot get a capacity assessment, you must explain why in a witness statement (COP24).

How much does deputyship cost?

The GOV.UK fees page lists:

Fees are normally paid from the person's own money once you have access. Help with fees may be available depending on the person's finances. A doctor may charge for the capacity assessment.

What happens after you're appointed?

The court order sets out what you can and cannot do. The Office of the Public Guardian then supervises you:

Decisions must be in the person's best interests, and you must involve them as far as possible.

How does deputyship help with care costs?

A property and financial affairs deputy can:

Selling a home or making gifts often needs specific authority from the court, so check the order before acting.

What about Scotland and Northern Ireland?

Frequently asked questions

Can I manage my mum's money without a power of attorney?

Only in limited ways. You can help her if she still has capacity, and become a DWP appointee for her benefits. For savings, property or other income after she has lost capacity, you normally need to be appointed as her deputy.

Is it too late to make a lasting power of attorney?

It depends on capacity. If the person can still understand what a lasting power of attorney is and what it means, they may be able to make one, which is quicker and cheaper. A doctor or solicitor can help assess this.

Does a husband or wife automatically get control?

No. Being married does not give legal authority over a partner's sole accounts or property. A spouse would need to apply to be deputy, like anyone else.

Can a deputy make gifts?

Only if the court order allows it, and within any annual limit it sets. Gifts must be reasonable and must not reduce the care the person can afford. A large one-off gift, for example for inheritance tax planning, needs a separate application to the court.

When does deputyship end?

It ends when the person dies, or by court order, for example if they recover capacity or you ask to stop. After a death, tell the Office of the Public Guardian and the court; the estate is then handled by the executors or administrators.

Key takeaways