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You’ve noticed the signs for a while — the repeated questions, the missed appointments, the confusion over bills. Then one day it becomes undeniable: your parent can no longer manage their own affairs. And now someone tells you they should have set up a Lasting Power of Attorney (LPA) years ago.

If this is where you find yourself, you are not alone — and you are not out of options.

This guide explains exactly what happens when a loved one loses mental capacity without an LPA in place, what legal routes are available to you, and how to protect your parent’s wellbeing without making costly mistakes.

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Why an LPA Is No Longer an Option

A Lasting Power of Attorney must be created while a person still has mental capacity — that is, the ability to understand, retain, weigh up and communicate a decision. Once dementia has progressed to the point where that capacity is gone, it is legally too late to make an LPA.

This is one of the most common and heartbreaking situations families face. According to the Alzheimer’s Society, there are currently around 900,000 people living with dementia in the UK, and a significant proportion have no legal documents in place.

Without an LPA, no family member — not even a spouse — automatically has the legal right to manage a person’s finances, property or health decisions on their behalf.

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So What Can You Do?

1. Apply to the Court of Protection for a Deputyship Order

The primary legal route when someone has already lost capacity is to apply to the Court of Protection for a Deputyship Order.

A Deputy is someone appointed by the court to make decisions on behalf of a person who lacks mental capacity (known as “P” in legal proceedings). There are two types:

• Property and Financial Affairs Deputy — manages bank accounts, pays bills, handles property and investments
• Personal Welfare Deputy — makes decisions about care, medical treatment and living arrangements (these are granted far less frequently)

The Office of the Public Guardian (OPG), which supervises Deputies, sets out clear responsibilities — Deputies must act in the person’s best interests at all times, keep careful records and submit annual reports to the OPG.

Important: The Court of Protection process takes time — typically six months or more from application to appointment. Planning ahead, even now, matters.

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2. Understand the Mental Capacity Act 2005

The Mental Capacity Act 2005 (MCA) is the legal framework governing everything in this area. It establishes five core principles:

1. A person must be assumed to have capacity unless proven otherwise
2. Every practical step must be taken to help them make decisions before concluding they cannot
3. An unwise decision does not mean someone lacks capacity
4. Anything done on someone’s behalf must be in their best interests
5. It must be done in the least restrictive way possible

Understanding these principles is crucial — they govern what family members, care providers and professionals can and cannot do, even without a legal order in place.

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3. Emergency and Interim Measures

While you await a Deputyship Order, there are some immediate steps you can take:

Financially:

• Banks may allow a third party to carry out basic transactions if you can demonstrate the account holder lacks capacity — speak to the bank’s vulnerable customer team
• The Department for Work and Pensions has an Appointeeship scheme, allowing someone to manage a person’s state benefits on their behalf — this is a separate, simpler process from Deputyship
• If there is a joint bank account, the other account holder can usually continue to access funds

For care decisions:

• Where there is no Welfare Deputy and no LPA, decisions about care and treatment should be made by those responsible for care, in consultation with family — always guided by what is in the person’s best interests under the MCA
• In serious medical decisions, an Independent Mental Capacity Advocate (IMCA) may be appointed if there are no family members available or if there is a dispute

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4. Consider an Emergency Application to the Court of Protection

If there is an urgent matter — such as someone attempting to take financial advantage of your parent, a critical care decision, or access to funds being blocked — you can apply to the Court of Protection on an urgent or without-notice basis.

These applications can result in a court order within days rather than months, but should be handled with legal advice. The costs are also worth understanding upfront: Court of Protection application fee, and also the legal costs can add significantly to this.

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What If You’re Worried About Financial Abuse?

Unfortunately, people with dementia are at heightened risk of financial exploitation — sometimes by strangers, sometimes by family members.

If you have concerns:

• Contact the Office of the Public Guardian (OPG) — they investigate concerns about attorneys and Deputies and can be reached at 0300 456 0300
• Report concerns to Adult Social Care at your local council
• Contact Action on Elder Abuse helpline: 0808 808 8141

The Court of Protection can also act swiftly in cases of suspected abuse to freeze assets or appoint an independent Deputy.

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Can Capacity Be Reassessed?

Yes. Mental capacity is decision-specific and time-specific. A person may lack capacity to manage their financial affairs but retain capacity to express preferences about where they live or who they spend time with.

A formal assessment — typically carried out by a GP, consultant psychiatrist or social worker — will look at capacity in relation to a specific decision, not as a blanket judgement. This matters enormously in legal proceedings and in day-to-day care.

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The Honest Truth: This Process Is Difficult

The Deputyship route is slower, more expensive and more bureaucratic than an LPA. Annual reporting to the OPG takes time. The court process can feel impersonal when you’re simply trying to care for a parent.

But it exists precisely to protect vulnerable people — and done properly, it gives families the legal authority and confidence to act.

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Practical Checklist: Immediate Steps to Take

• Obtain a formal mental capacity assessment from a GP or specialist
• Contact the bank’s vulnerable customer support team
• Apply for DWP Appointeeship if relevant (for benefits)
• Begin gathering documents for a Court of Protection application (financial statements, medical reports, proof of relationship)
• Seek independent legal advice from a solicitor specialising in Court of Protection work
• Speak to the local Adult Social Care team if care needs are urgent

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A Note on Prevention — For Others Still in Time

If you are reading this because you’re worried about a family member before capacity is lost — please act now. Setting up an LPA typically costs much less than the Court of Protection, and the process takes around 20 weeks. It is one of the most important legal documents a person can have.

The difference between having an LPA and not having one — when crisis comes — is enormous.

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How We Can Help

Navigating the Court of Protection is not something you should do alone. Our team has extensive experience with Deputyship applications, emergency Court of Protection orders, and the full range of later-life planning — including LPAs for those who still have time.

We offer a free initial consultation to help you understand your options clearly, without jargon and without obligation. Home visits available for selected areas. Contact us to know more.

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