By Alexandra Harper 
Losing mental capacity can happen quickly, through an accident, or gradually, through an illness such as dementia, and either way it changes who is legally allowed to make decisions for that person. Many people assume a spouse or adult child automatically gains the right to manage someone’s money, property or medical care once they can no longer decide for themselves, but no such automatic right exists in law. Banks, hospitals and local authorities are required to check for proper legal authority, and a family relationship alone does not provide it.
What happens next depends heavily on whether any legal arrangements were made in advance. The options families are left with differ sharply in cost, speed and how much control anyone has over the outcome, and understanding them matters well before capacity is ever affected.
The Legal Route Available Before Capacity Is Lost
While a person still understands the decisions involved, they can choose in advance who should act for them if that ever changes. A Lasting Power of Attorney lets someone appoint the people they trust, covering property and financial affairs, health and welfare, or both, and it only takes effect once needed. Registering one costs a modest, fixed fee and usually takes a matter of weeks rather than months. Powers of attorney services let someone plan ahead on their own terms, choosing who is trusted with the role, rather than leaving that decision to a court application much later.
What Happens Once Capacity Has Already Been Lost
Once someone has lost capacity and no Lasting Power of Attorney was registered, the family’s only route is applying to the Court of Protection for a deputyship order. This involves a court fee of several hundred pounds, often needs a solicitor’s help, and typically takes four to six months to be approved, longer if a hearing is needed. Unlike an attorney, a deputy is chosen by the court rather than the family, and once appointed they must file annual reports and pay an ongoing supervision fee to the Office of the Public Guardian. Legal commentators who track Court of Protection cases note that deputies face closer ongoing supervision than attorneys do, largely because the court rather than the family decided who should hold the role.
The Real Difference Between the Two Routes
The clearest gap between the two routes shows up at the bank. An attorney acting under a registered Lasting Power of Attorney can usually be verified in England and Wales using an online access code rather than paperwork, while a deputy typically has to present the original court order and satisfy additional checks each time a new provider gets involved. Cost follows the same pattern, since an LPA costs a small fixed fee once, while a deputyship carries court fees, solicitor costs and an annual supervision charge that continues for years. Families who deal with this while there is still a choice to make are usually the ones who come out ahead.
None of this is about paperwork. It affects who gets to make decisions, how quickly they can act, and how much say a family has in a situation they did not choose. Putting the right documents in place while that option still exists is generally far simpler than dealing with the alternative once it has already gone.