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Many people think that if they were to lose mental capacity due to an illness or accident, their partner/spouse could simply take over all their property, financial affairs and healthcare decisions. Without an LPA this cannot happen. The Mental Health Capacity Act is designed to protect people who have lost the capacity to make decisions for themselves. Without an LPA it could be very difficult for your family even if property and bank accounts are jointly owned. In many cases an application to the Court of Protection to become a deputy is required. This gives similar powers to that of an Attorney. But it’s a time-consuming and expensive process.

When a Lasting Power of Attorney has already been drawn up and registered, the situation is considerably easier.

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