What Happens If Someone Loses Capacity Before Making an LPA?

08th July 2026

What Happens If Someone Loses Capacity Before Making an LPA? Usually, it means it’s too late to create an LPA. They can only be made while the person still has the mental capacity to understand what they’re signing. If capacity has already been lost, family members can’t step in and create one on their behalf, even if it’s in their best interests. A different legal process will be required.

Why capacity matters

One of the key legal requirements for making an LPA is the person creating it understands what the document does.

They need to know who they’re appointing as attorneys, what decisions those attorneys may be able to make on their behalf, and that the authority could continue if they later lose capacity at some point.

Importantly, mental capacity is assessed at the time the LPA is made and signed. Someone doesn’t need to be in perfect health to have capacity. Many people living with the early stages of dementia or other conditions are still able to make a valid LPA, provided they understand the decision they’re making.

The difficulty comes when that point has already passed.

What happens instead?

Without an LPA, even close family members quickly discover they have very limited legal authority in real life.

A husband or wife may be unable to deal with bank accounts.

Adult children can’t manage bills, pensions or investments.

Healthcare professionals will usually endeavour continue to involve families in discussions where appropriate, but important legal and financial decisions often require the formal authority of an LPA.

For financial matters, the usual road to go down is an application to the Court of Protection for a deputyship order.

Why deputyship is different

Deputyship exists to protect people who can no longer make decisions for themselves.

However, it’s generally slower, more expensive and more restrictive than having an LPA.

Applications can take many months to complete, particularly if additional information is required through the process. Once appointed, deputies have ongoing legal responsibilities to stay on top of, including reporting to the OPG and often paying supervision fees, where applicable.

It goes without saying that it’s a surprise to learn this extra process could have been avoided simply by making an LPA earlier.

Planning before it’s urgent

People often think about the urgent need for a Power of Attorney after a diagnosis, a fall, a stroke or growing concerns about memory.

In reality, the best time to make an LPA is long before any crisis begins to develop.

It doesn’t mean giving up control. While you still have mental capacity, you continue making your own decisions. The LPA simply provides a kind of legal safety net if your circumstances change in the future.

Making arrangements early also means you can carefully choose who you trust to act for you, rather than leaving your family to navigate the obviously more complicated legal process during what is already likely to be a stressful time.

If you’re considering setting up an LPA using a service like Power of Attorney Online, acting sooner rather than later gives you the widest possible range of options. It can also make life significantly easier for the people who may one day need to step in and help you.