Are you prepared if you lose mental capacity?
What happens if you lose mental capacity?
"Losing capacity" means reaching a point where you can no longer understand, retain, weigh up or communicate a particular decision. Through illness, an accident, a stroke or a condition such as dementia — under the Mental Capacity Act 2005 in England & Wales. If that happens and you have a registered Lasting Power of Attorney (LPA) in place, the person you chose can step in and act for you. If you have nothing in place, no one — not even your spouse — automatically gains that right.
Without an LPA, your family has to apply to the Court of Protection to be appointed your deputy — a route that is slower and more expensive than an LPA. Court fees, ongoing supervision and annual reporting come with deputyship. Sole-name bank accounts are typically frozen in the meantime. That's why the work is best done in advance: an LPA can only be made while you still have capacity, and only becomes usable once it's registered with the Office of the Public Guardian.
This quiz does not assess whether you have capacity — only a clinician or the Court of Protection can do that. It is a plan-ahead self-assessment of how prepared you are. England & Wales only; Scotland and Northern Ireland differ. General information, not legal advice.
What to put in place — before you need it
The core arrangements follow a broad order, from the legal authority outward. Each one maps to a section of the quiz above, so you can see where you already stand.
- Register an LPA for Property and Financial AffairsThe first and most important step. Lets your chosen attorney handle banking, bills and property if you can't. Must be registered with the Office of the Public Guardian — drafting alone isn't enough.
- Register an LPA for Health and WelfareA separate LPA covering medical care, where you live and day-to-day welfare. Only used once you've lost capacity for the decision in question.
- Name replacement attorneys and brief themReplacements prevent a fallback to the Court of Protection if your first choice can't act. Tell every attorney they're named and what you'd want.
- Document your medical wishesAn Advance Decision (living will) can legally refuse specific treatments under the Mental Capacity Act 2005. Make sure your GP holds copies and your records reference them.
- Arrange financial continuityList direct debits, income sources and subscriptions, and consider joint accounts as a bridge, so bills keep being paid while an LPA is activated.
- Write down your values and preferencesA Letter of Wishes alongside the LPA helps your attorney act in your best interests on decisions you couldn't anticipate.
Getting capacity planning right
An LPA can only be made while you still have capacity. Once it's lost, the door closes — and the only route left is a Court of Protection deputyship, which is slower, costlier and chosen by the court rather than by you.
Contrary to common belief, a spouse or adult child does not automatically gain authority over your finances or care if you lose capacity. Without a registered LPA, they have to apply to be appointed — there is no shortcut.
An LPA only becomes usable once it's registered with the Office of the Public Guardian, which takes time. A signed but unregistered LPA in a drawer can't be acted on when it's suddenly needed.
Planning for a loss of capacity — your questions
What does "losing mental capacity" actually mean?
Under the Mental Capacity Act 2005 (which applies in England & Wales), a person lacks capacity for a particular decision if, at the time it needs to be made, they cannot understand the relevant information, retain it, weigh it up, or communicate their choice — because of an impairment of the mind or brain. Capacity is decision-specific and can change over time: someone might be able to decide what to wear but not how to manage a complex financial matter.Importantly, only a clinician or, where there's a dispute, the Court of Protection can decide whether a person actually lacks capacity. This quiz does not assess your capacity — everyone taking it is assumed to have it. It checks how prepared you are if you were to lose it in the future.
What happens to my money and decisions if I lose capacity and have no LPA?
If you lose capacity without a registered Lasting Power of Attorney (LPA) in place, no one — not even your spouse — automatically has the legal right to manage your finances or make welfare decisions for you. Bank accounts in your sole name are typically frozen.To gain authority, someone close to you has to apply to the Court of Protection to be appointed your deputy. That process is slower and more expensive than an LPA — it commonly takes several months, carries an application fee plus, for property and financial affairs, an ongoing supervision fee and a security bond, and the deputy must report annually. Setting up an LPA in advance avoids all of this.
What's the difference between an LPA and deputyship?
An LPA is something you set up yourself, in advance, while you still have capacity — you choose who you trust to act for you. A deputyship is what your family has to fall back on if you lose capacity without an LPA: the Court of Protection appoints a deputy, and the court (not you) effectively decides who that is and what they can do.An LPA is cheaper, faster, gives you control over who acts and how, and takes effect smoothly when needed. Deputyship is the reactive, court-supervised alternative. Planning ahead with an LPA is almost always preferable.
Can I set up a Lasting Power of Attorney myself?
Yes. You can make and register an LPA yourself through the GOV.UK service without a solicitor, and there is an application fee payable to the Office of the Public Guardian (fee reductions or exemptions apply on lower incomes). There are two types — one for Property and Financial Affairs, one for Health and Welfare — and you can make either or both.A solicitor is worth considering if your circumstances are complex, you want tailored instructions and preferences, or there's any concern about family disagreement. Whichever route you take, the LPA only becomes usable once it is registered with the Office of the Public Guardian, so register it in good time rather than leaving it drafted.
When does a Lasting Power of Attorney take effect?
A Health and Welfare LPA can only be used once you have lost the capacity to make the particular decision yourself. A Property and Financial Affairs LPA can — if you choose this option when you make it — be used while you still have capacity (with your permission), as well as after, which can be convenient if you'd like help managing things.Crucially, an LPA must be made while you still have capacity and must be registered with the Office of the Public Guardian before it can be used; you cannot create one after capacity is already lost. That's why this is a plan-ahead exercise.
What if I already think a relative is losing capacity?
This quiz is for planning your own affairs while you still have capacity, so it won't be the right tool if you're worried about someone else who may be losing theirs.If a relative still has capacity, the priority is helping them put a registered LPA in place soon. If they may already lack capacity for the decisions in question and have no LPA, the route is an application to the Court of Protection for deputyship — and a clinician's view on capacity is usually needed. For the day-to-day practicalities of supporting a parent in that situation — LPA activation, banking, NHS access and benefits — our Caring for a Parent guide is a better starting point than this self-assessment.
This page covers planning for a possible loss of mental capacity in England & Wales (Mental Capacity Act 2005; Office of the Public Guardian; Court of Protection). Scotland and Northern Ireland have different regimes. It does not assess whether anyone has capacity, and is general information, not legal advice.
Library
Free guides behind this quiz
These free briefs go deeper on the LPA process and what capacity planning actually involves.
The Household Continuity Dossier documents the LPA authority in P-07 — so the scope, the registration date, and the attorney's contact are in one accessible place.
Read the guideCaring for a Parent extends this pack — a personalised operating brief for the household you're now managing, with your specific contacts and records.
Read the guideCaring for a Parent extends this brief into an operational plan — the specific documents, contacts, and LPA steps for your parent's situation.
Read the guideThe Household Continuity Dossier captures the deputyship authority once it's in place — so the court's order is recorded and the deputy's scope is documented.
Read the guideThe Household Continuity Dossier includes LPA registration tracking in P-07 — so the OPG case reference, registration date, and certificate provider are in one place.
Read the guideAll guides are available free from the Valoren library — no account required.