What if capacity has already been lost?

28th February 2025

Updated: Friday 9th January 2026

What if capacity has already been lost? Losing mental capacity is something most people would rather not think about. However, conditions such as dementia, strokes, brain injuries, or serious illness can affect anyone at any age. When capacity is lost, everyday decisions about money, health and care may no longer be possible without legal support.

This is where a Lasting Power of Attorney plays a vital role in explaining what happens if capacity is lost during the LPA process.

What does it mean to lose mental capacity?

Mental capacity refers to your ability to make your own decisions. Under the Mental Capacity Act 2005, a person is considered to lack capacity if they cannot understand relevant information, retain it long enough to make a decision, weigh up the options or communicate their choice.

Capacity is decision specific and time specific. Someone may be able to decide what to eat but not manage complex finances. Capacity can also fluctuate, particularly with conditions such as dementia or mental illness.

When mental capacity is lost, other people cannot automatically step in to help, even close family members.

What happens if you lose capacity without a Lasting Power of Attorney?

Without a Lasting Power of Attorney in place, your loved ones have no legal authority to manage your affairs. They cannot access your bank accounts, pay your bills, sell property, or make health and care decisions on your behalf.

In this situation, they may need to apply to the Court of Protection for a deputyship order. This process can take several months, cost thousands of pounds, and involve ongoing court supervision. During this time, your finances and care arrangements may be delayed or left unresolved.

How does a UK Lasting Power of Attorney protect you?

A Lasting Power of Attorney allows you to appoint one or more trusted people, known as attorneys, to make decisions for you if you lose capacity. There are two types.

A Property and Financial Affairs LPA covers money matters such as paying bills, managing bank accounts, dealing with pensions and selling property if needed.

A Health and Welfare LPA covers decisions about medical treatment, care, daily routine, and where you live. It can also include decisions about life sustaining treatment if you choose to allow this.

Why is it important to set up an LPA early?

An LPA must be created while you still have mental capacity. Once capacity is lost, it is too late to make one.

Setting up an LPA early means you stay in control. You decide who acts for you, what powers they have and how decisions should be made. It also removes uncertainty and stress for your loved ones during difficult times.

Who should consider making a Lasting Power of Attorney?

Everyone over the age of 18 should consider it. LPAs are not just for older people. Accidents and sudden illness can happen at any stage of life.

Planning ahead ensures your wishes are respected and your affairs are managed smoothly if the unexpected happens.

Losing mental capacity can have serious practical and emotional consequences. A Lasting Power of Attorney is one of the most effective ways to protect yourself and the people you care about. Setting one up now provides clarity, security, and peace of mind for the future.