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Making legal arrangements in case you lose mental capacity
You might want to consider making arrangements so your affairs are looked after if you lose mental capacity. By making legal arrangements, you can make sure that your best interests are looked after even if you can’t make decisions for yourself. Find out what you need to consider.
Different legal arrangements you can make
There are certain legal arrangements you can make to prepare for when you are unable to make your own decisions. These will make sure that there is someone who can make decisions on your behalf and that your best interests are looked after.
You should think about the following possible arrangements:
- making a Lasting Power of Attorney
- using an existing Enduring Power of Attorney
- making a will
Making a Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that lets you appoint someone (called an ‘attorney’) to make decisions on your behalf. It can be used at any time in the future if you are not able to make your own decisions. These decisions can be about your property and finance or your health and welfare.
Using an existing Enduring Power of Attorney
An Enduring Power of Attorney allows someone to make decisions for you about your property and financial affairs. The person you choose is called an 'attorney'. An attorney can make decisions for you when you still have mental capacity, as well as when you lack capacity.
Enduring Power of Attorneys were replaced by Lasting Power of Attorneys but may still be used if made and signed before October 2007.
Making a will
By making a will you can decide what happens to your property and possessions after your death. It is not a legal requirement to make a will.
If you lose the ability to make decisions for yourself and do not have a will, the Court of Protection can make one for you.
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Additional links
Mental health advice from the NHS
The NHS choices website offers help and advice on both dementia and depression
Lasting Power of Attorney forms
Get the forms you need to register a Lasting Power of Attorney
