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What happens if you lose capacity and do not have a Power of Attorney? Unfortunately, if there is no Power of Attorney in place and a loved one has lost capacity then the loved ones will need to make an application to the Court of Protection for a Deputyship Order. A Deputyship order appoints a Deputy who will be able to make decisions for the person who has lost capacity, however, there may be limitations on the decisions that the Deputy can make. Unlike when making a Power of Attorney, it is the Court of Protection who decides who the Deputy or Deputies will be and how they will act (for example jointly or jointly and severally). Jointly and severally means that the Deputies could make a decision on their own without the other Deputy. The process for a Deputyship Order can be costly and lengthy. It can take time for the Court of Protection to come to a decision in relation to who should act as a Deputy and if someone does not agree on the proposed Deputy, the Court will need to consider their reasons why. This can lengthen the process. If the Court of Protection deem that the application was unnecessary it is possible that the person who made the application could be liable to possible court fees and costs. The best thing you can do is to plan for any eventuality that may happen to you. Please get in touch with us as the Power of Attorney is the document you must have to ensure your wishes are taken care of...whilst you are living.