Nobody likes to think about losing mental capacity. But planning ahead can make life much easier for the people you love. If you lose mental capacity without a valid Lasting Power of Attorney in place, your family may not automatically have the authority they expect.
What does mental capacity mean?
Mental capacity means being able to make a specific decision at the time it needs to be made. It is decision-specific — someone might have capacity to make some decisions but not others.
You can only make an LPA while you still have the mental capacity to do so. Once capacity has been lost, it may be too late to create one.
Can family automatically step in?
Many people assume the answer is yes. That is one of the biggest misunderstandings around LPAs. Caring about someone does not always give you legal authority to act for them. Without the right authority, loved ones may face problems dealing with banks, bills, property, pensions, care decisions or organisations that need legal proof before speaking to them. This is highlighted powerfully in Kate Garraway's story.
What happens to money and bills?
Without a Property & Financial Affairs LPA, someone may struggle to deal with bank accounts, household bills, rent or mortgage payments, pensions, benefits, insurance, property matters, care fees and financial organisations — even close family members may not be able to access accounts or make decisions without proper authority.
What happens with health and care decisions?
Without a Health & Welfare LPA, loved ones may not have the authority they expect when it comes to care and medical decisions. Professionals will still make decisions based on the person's best interests, but the family may not have the same decision-making role they would have had if a Health & Welfare LPA had been created.
What is the Court of Protection?
If someone loses mental capacity without an LPA, a family member may need to apply to the Court of Protection to become a deputy. This may be necessary, but it is usually not as simple as having an LPA already in place. It can take time, involve forms and cost more than planning ahead. It also means the person who lost capacity no longer gets to choose who acts for them in the same way they could have done with an LPA.
Our simple pricing
At Lasting Power of Attorney Assistance, our service fee is £50 for one LPA or £75 for two, with the OPG fee kept separate and clearly explained. Use our LPA preparation checklist to get started.
Do not wait until your family needs authority they do not have.
Contact Us Today