What Happens If You Lose Mental Capacity & How a Lasting Power of Attorney Can Help
28th February 2025
Losing the ability to make your own decisions is something most of us don’t like to think about. But life can be unpredictable, and things like dementia, strokes, or serious accidents can take away our capacity to handle our own affairs. That’s where a Lasting Power of Attorney (LPA) comes in—it gives someone you trust the legal authority to step in and make decisions on your behalf when you need them to.
What Does It Mean to Lose Mental Capacity?
Mental capacity is just a fancy way of saying you can make and understand decisions. The Mental Capacity Act 2005 defines someone as lacking mental capacity if they can’t:
- Understand the information needed to make a decision
- Remember that information long enough to use it
- Weigh up the pros and cons and come to a choice
- Communicate their decision clearly
Losing mental capacity can happen slowly, like with Alzheimer’s, or suddenly due to an accident or stroke. Without the ability to manage things like finances or healthcare decisions, it can create a lot of stress—not just for you but also for your family. And without legal authority, your loved ones might not even be able to help in the way you’d want them to.
How Can a Lasting Power of Attorney Help?
An LPA is a legal document that lets you appoint one or more people (called attorneys) to make decisions for you if you ever lose the ability to do so yourself. There are two types:
- Property and Financial Affairs LPA – Covers money matters like paying bills, managing your bank accounts, handling pensions, or even selling property.
- Health and Welfare LPA – Covers personal and medical decisions, including what treatment you receive, where you live, and even day-to-day care.
Why Setting Up an LPA Is a Good Idea
Having an LPA in place can make life a lot easier for both you and your loved ones. Here’s why:
- You’re in Control – You get to choose exactly who you trust to make decisions for you rather than leaving it up to the courts.
- Avoids Legal Hassles – If you lose capacity without an LPA, your family may have to apply for a Deputyship through the Court of Protection, which is expensive and time-consuming.
- Peace of Mind – Knowing that your affairs will be taken care of smoothly can take a big weight off your shoulders.
- Your Wishes Are Respected – You can make sure your financial and healthcare preferences are followed.
When Should You Set Up an LPA?
The best time to set up an LPA? Right now! Many people think it’s something only older folks need, but the truth is, unexpected things can happen at any age. Having an LPA in place means you’re covered no matter what.
Thinking about losing mental capacity isn’t fun, but planning ahead can save you and your family from unnecessary stress. A Lasting Power of Attorney gives you peace of mind, knowing that someone you trust will be there to handle things the way you’d want. If you haven’t set one up yet, now’s the perfect time to do it!
