Lasting Powers of Attorney
What happens if you lose mental capacity without an LPA?
Alan Mountford-Brown · 17 October 2026 · 3 min read
Most of us plan for what happens after we die. Far fewer of us think about what could happen if we’re still alive but unable to make decisions for ourselves — and whether our family could legally step in.
Most of us plan for what happens after we die.
Far fewer of us think about what could happen if we’re still alive but unable to make decisions for ourselves.
Perhaps you’ve had an accident.
Perhaps you’ve suffered an illness.
Perhaps you’ve developed a condition that affects your ability to make decisions.
Whatever the circumstances, your financial affairs and personal needs don’t simply stop.
Bills still need paying.
Property may need managing.
Important decisions may need to be made.
And your family may understandably want to help.
But there is an important question:
Can they legally make those decisions for you?
Your family can’t necessarily just step in
One of the common assumptions surrounding incapacity is that a spouse, partner, child or other close relative will automatically be able to take over.
That’s not necessarily the case.
Being someone’s closest relative doesn’t automatically give you unlimited authority to manage their affairs.
This is one reason Lasting Powers of Attorney can be so important.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney allows you to appoint one or more people you trust to make certain decisions on your behalf.
There are different types dealing with different areas of your life.
Property & Financial Affairs
This can relate to matters such as:
- Bank accounts
- Bills
- Property
- Investments
- Financial decisions
Health & Welfare
This can relate to areas such as:
- Care
- Where you live
- Day-to-day welfare
- Certain healthcare decisions
The two types serve different purposes.
Why does timing matter?
One of the most important things to understand about an LPA is that it needs to be created while you have the mental capacity to make that decision.
You can’t simply wait until someone has lost capacity and then ask them to create an LPA.
That’s why forward planning matters.
The point isn’t that something is definitely going to happen.
It’s that none of us can guarantee what the future holds.
“But I’m perfectly healthy.”
That’s good.
And that’s exactly why planning can be sensible.
LPAs aren’t exclusively for older people.
An unexpected accident or illness can affect anyone.
The question isn’t:
“Do I expect to lose capacity?”
It’s:
“If I did, who would I trust to help me?”
What about your Will?
This is where the difference between a Will and an LPA becomes particularly important.
A Will deals with your wishes after death.
An LPA is about decision-making during your lifetime if you are unable to make certain decisions yourself.
They aren’t substitutes for each other.
They’re different parts of wider planning.
Think about the people you trust
Creating an LPA isn’t simply about completing a document.
It’s worth thinking carefully about who you would want to appoint.
- Would they understand your wishes?
- Would they act in your best interests?
- Would you trust them to deal with your finances?
- Would you trust them to make important decisions about your welfare?
These are personal questions.
And they’re worth thinking about before a crisis occurs.
Start the conversation
At The Northern Legacy Co., we believe legacy planning should look at the whole picture.
That can mean considering:
- Wills
- LPAs
- Trusts
- Vulnerable beneficiary planning
- Inheritance tax
And, most importantly, the people those arrangements are designed to protect.
If you’ve been meaning to put LPAs in place or simply want to understand whether they’re appropriate for your circumstances, the first step is a conversation.
This article is intended for general information only and should not be treated as legal advice. Individual circumstances should be considered before taking action.
