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Loss of mental capacity

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susan hall

Sue Hall


Head of Wills and Probate

Email Sue

Tammy Morgan


Wills and Probate

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Who will make decisions for you if you lose mental capacity?

How can you safeguard yourself and your assets?

Loss of mental capacity can happen to anyone, at any time. It may be due to a sudden accident like a car crash, as a result of ill health or treatment or as a result of a deteriorating mental condition such as dementia or Alzheimer’s.

If you or a relative are certified under the Mental Health Act to lack capacity, the unless alternatives are in place Social Services have the authority to take charge of your bank accounts, property and assets and decide where you will live. This can be frustrating and distressing for all concerned, especially for your dependents who may have to sell your home if you are moved into residential care.

This situation can easily be avoided. Simply choose someone you trust and prepare a lasting power of attorney. This only comes into force if you lose mental capacity but importantly, it authorises them to make significant decisions about your health, welfare, property and finances – giving protection and peace of mind for loved ones. Making a power of attorney lets you stay firmly in control; by deciding who will look after everything you have worked hard for and act for you, in the unfortunate event that you become unable to.

If you are concerned about a relative or a friend who has lost mental capacity, we may be able to help you to gain access to their affairs. If you fulfil the criteria, we could help you apply to the Court of Protection to become their deputy giving you the power to intervene and make decisions on their behalf.

Based in Stoke-on-Trent, Staffordshire, our specialist wills and probate solicitors provides services throughout Staffordshire and Cheshire. To find out more, contact us on 01782 577000.

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