As a nation we are all living longer but as a result, many of us will suffer from a loss of capacity at some point and become unable to look after our own affairs.

However, it’s not just illnesses that typically affect the elderly that can cause a loss of capacity. Accidents or debilitating illnesses can affect any of us at anytime and If it does, we are likely to lose control of our finances and it is wrong to assume that someone we know and trust would be able to take over automatically.

Did you know?

If you lose capacity, your bank may restrict access to your accounts, sometimes including joint accounts with a spouse, until someone has the legal authority to act for you.

Without a Lasting Power of Attorney, someone, usually a family member, would have to apply to the Court of Protection to be appointed as your deputy. If there is nobody suitable and willing to act, the court may appoint a professional deputy, which means a stranger could be handling your affairs and charging for doing so.

Someone losing capacity has devastating affects on thousands of families every year when the problems could have been easily avoided.

As your Estate Planning Consultant, I view it as my responsibility to not only bring these sort of risks to your attention but, to also provide you with an effective solution that protects you.

To make sure that you and your loved ones are protected or, if you require any further information, please do not hesitate to contact me.

This article is general information for England and Wales, not legal or financial advice, and the rules can change. Please seek personal advice about your own circumstances. Last updated October 2026.