Who Makes Decisions If You Become Incapacitated?

16th March 2026

Who Makes Decisions If You Become Incapacitated? isn’t something most people would ordinarily like to think about. Illness, injury or long term medical conditions can all affect your ability to choose how to live your life the way you’d intend.

If the worst happens and you haven’t prepared an LPA in advance, it can be tricky for others to step in quickly and seamlessly.

It’s useful to understand how decisions are made if you lose mental capacity, so you can help plan for your own future.

What does incapacitated actually mean?

In the UK, incapacity is when you don’t have the mental capacity to make decisions anymore.

Loss of capacity can happen suddenly, if you have a stroke or get involved in an accident, or over time through conditions like dementia or Alzheimer’s.

If it happens though, someone else may need the authority to make decisions because you no longer can.

What happens if you have a Lasting Power of Attorney in place

The simplest way to plan for your future, in case you end up in this situation, is by registering a Lasting Power of Attorney.

An LPA allows you to appoint trusted people, known as attorneys, to make decisions for you if you don’t have the mental capacity to do so.

In England and Wales, there are two types of LPA.

One covers property and financial affairs and allows attorneys to manage bank accounts, pay bills and your property.

The other covers health and welfare and allows attorneys to make decisions about medical care, treatment and your daily life.

For both, you’ll have the opportunity to choose the attorneys yourself, which means you stay in control of who will act for you if you can’t anymore.

What could happen if you haven’t registered a power of attorney

If you’re incapacitated without an LPA, a common misunderstanding is that your family could automatically step in to make decisions for you. Unfortunately, they don’t have the legal authority to do this.

If you find yourself in this situation though, the first thing someone will need to do is apply to the Court of Protection to become a deputy for you.

That whole process can take months and often costs more than just setting up an LPA in advance.

While all that’s happening, the important decisions you’d like the people you trust to be involved in about finances or care can’t be made in the way you’d like them to be.

What’s the role of the Court of Protection?

The Court of Protection are the people responsible for making decisions for people who lack mental capacity.

Without an LPA in place, the Court decides who can act as a deputy. This person has similar responsibilities to an attorney, but must follow strict rules that are set by the Court.

These rules could include submitting regular reports and paying ongoing supervision fees, in the worst case scenario.

Why planning ahead is important

Losing your capacity can affect anyone and you might not get a warning when it happens to you.

If you take some time to plan ahead, it will allow you to choose the people you trust most to manage your affairs.

You’ll also likely avoid unnecessary stress and uncertainty for your family if they end up needing to apply to the court.

In an LPA, there’s the opportunity to make all your wishes known and make sure they’re legally recognised.

One simple step to protect your future

Putting a Lasting Power of Attorney in place is one of the more practical ways to plan for the future.

Most importantly, it ensures that the people you trust have the legal authority to step in and help when it matters most.