Mental Capacity & LPA Guide UK 2025 — MCA, Deputyship & Court of Protection
The Mental Capacity Act 2005 establishes a framework for making decisions for people who lack mental capacity. If someone has lost capacity and has not made a Lasting Power of Attorney, their affairs may need to be managed by a Court of Protection-appointed deputy. This guide explains the five principles of mental capacity, deputyship, and the Court of Protection process.
If someone loses mental capacity without an LPA, the only route to manage their affairs is deputyship (Court of Protection). Application fee: £371. Professional deputies charge ongoing fees. Acting without authority (e.g. using someone’s bank account without deputyship) is unlawful. Contact the Office of the Public Guardian: 0300 456 0300.
The Five Principles of the Mental Capacity Act 2005
- Presumption of capacity — every adult is presumed to have mental capacity unless it is established that they do not.
- Right to be supported — all practicable steps must be taken to help a person make their own decision before concluding they lack capacity.
- Unwise decisions — a person cannot be treated as lacking capacity simply because they make an unwise or eccentric decision.
- Best interests — any decision made on behalf of someone lacking capacity must be in their best interests, taking into account their known wishes, beliefs, and values.
- Least restrictive option — any decision or action must be the least restrictive option available that still achieves the necessary purpose.
The Difference Between LPA and Deputyship
| LPA | Deputyship | |
|---|---|---|
| Made by | The donor (while having capacity) | The Court of Protection |
| Cost | £82 per LPA (reduced from £110 from Jan 2025) | £371 application + ongoing supervision fees |
| Time to obtain | 6–10 weeks to register | 9–12 months typically |
| Ongoing reporting | None for most LPAs | Annual report to Office of the Public Guardian |
| Who can apply | The donor and attorneys chosen by them | Anyone (family, friend, professional) |
Emergency Steps When No LPA Exists
When someone loses capacity and has not made an LPA, there are several urgent practical steps:
- DWP appointee — for benefits only, a family member can apply to DWP to become the person’s appointee (free, handles benefits management).
- Bank third-party access — some banks allow limited third-party access to help manage a customer’s account while deputyship is pending; contact the bank directly.
- Court of Protection urgent order — in genuine emergencies, the court can make urgent orders within days.
- Start deputyship application — apply using forms COP1 and supporting documents. The court appoints an interim deputy in some cases pending the final order.
Frequently Asked Questions
No. An LPA can only be made by a person who currently has mental capacity to understand what they are doing. If someone has already lost capacity, it is too late to make an LPA. The only route is deputyship through the Court of Protection. This is why making LPAs while still healthy is so important — the LPA must exist before it is needed.
Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. EPAs made before that date are still valid and can still be registered with the Office of the Public Guardian when the donor is losing or has lost capacity. EPAs only cover property and financial affairs — they do not cover health and welfare decisions (unlike the Health and Welfare LPA). If a valid EPA exists and covers the relevant matters, you do not necessarily need a deputyship for financial affairs.