What Happens If You Lose Mental Capacity Without a Lasting Power of Attorney?

12th May 2025

We all like to think we’re in control of our lives, making decisions about our finances, health, and personal affairs. But what happens if, one day, you’re unable to make those decisions yourself? It’s not something we like to dwell on, but losing mental capacity—whether through illness, injury, or unforeseen circumstances—can happen to anyone. If you haven’t set up a Lasting Power of Attorney (LPA), things can get very complicated for you and your loved ones.

Your Loved Ones Could Struggle to Access Your Finances

Without an LPA in place, your family won’t have automatic access to your bank accounts, savings, or financial assets. Even if they need to pay your bills, mortgage, or care costs, they won’t be able to do so without legal authority. This can cause unnecessary stress at an already difficult time.

To gain access, they would have to apply to the Court of Protection for a deputyship order, a process that can take months and cost significantly more than setting up an LPA in the first place.

Medical Decisions Could Be Out of Your Family’s Hands

Imagine being in a medical situation where you can’t communicate your wishes. Without an LPA for Health and Welfare, important decisions about your treatment, care, and even life-sustaining interventions could be made by doctors or social services instead of the people who know you best.

If you have strong preferences about your care, having an LPA ensures that someone you trust is making those decisions on your behalf.

The Legal Process Can Be Expensive and Time-Consuming

Applying for deputyship through the Court of Protection isn’t just slow—it’s costly too. Your loved ones will need to pay application fees, ongoing supervision fees, and may even need to attend court. The process can take months, leaving your affairs in limbo and adding unnecessary stress to an already emotional situation.

By contrast, setting up an LPA online is straightforward, affordable, and ensures your chosen person can step in immediately if needed.

Potential Family Disputes

Without clear legal instructions, family members might disagree over who should manage your finances or make healthcare decisions. These disputes can lead to legal battles, creating unnecessary strain at a time when your loved ones should be focused on supporting you.

An LPA removes uncertainty by clearly stating who you want to handle your affairs, reducing the chances of disagreements or misunderstandings.

Peace of Mind for You and Your Family

Nobody likes to think about worst-case scenarios, but taking action now means you won’t have to worry about what happens if you lose capacity. Setting up an LPA online is simple, affordable, and ensures that if the unexpected happens, your affairs will be handled by someone you trust.

So, why wait? Protect yourself and your loved ones by setting up an LPA today—it’s one life admin task you’ll be glad you ticked off.