Legal aid for those with lack of mental capacity
If a loved one or person close to you is not able to make decisions for themselves, it can be extremely upsetting. The team at Brockbanks Solicitors provides guidance on the legal safeguards available to ensure that they remain protected. To learn more, arrange a meeting at any of our Cumbria offices, including Whitehaven.
When a loved one loses capacity, you don't have to face it alone
Illness, stroke, or the gradual progression of conditions like dementia can leave families facing heart-wrenching decisions about the care and wellbeing of someone they love. When a person loses the ability to manage their own affairs, it’s more than just a legal issue; it’s a deeply personal and often distressing time. At Brockbanks Solicitors, we’re here to help you navigate this challenging period with clarity, compassion, and expert guidance.
Employing legal safeguards, such as the Power of Attorney document, can ensure those vulnerable remain protected. For advice and to discuss the options for your family, find your local branch today.
Here to help, every step of the way
When capacity is lost, families are often left feeling overwhelmed, unsure of what decisions they can legally make, and uncertain about how best to protect their loved one’s interests. That’s where we step in. Our experienced team specialises in helping families understand their options and take the right legal steps to safeguard the wellbeing, finances, and dignity of those who can no longer make decisions for themselves.
Whether you need to apply for a Deputyship Order through the Court of Protection or explore and understand the conditions of a Living Will, we’ll be by your side at every stage, ensuring your actions are legally sound and emotionally supported.
Why legal support matters
Without the right legal authorisation, even the most well-intentioned family members can face roadblocks. Banks may freeze accounts, care providers may be unable to take instructions, and vital decisions about medical treatment or living arrangements may be delayed. These barriers can add enormous stress during an already difficult time. By seeking legal advice early, you can:
Avoid unnecessary delays in arranging care or managing finances
Ensure your loved one’s wishes and best interests remain at the centre of every decision
Protect against legal disputes or miscommunication within the family
Gain the confidence and peace of mind that comes from doing things the right way
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Deputyship Applications
If a loved one or relative has already lost mental capacity, they can no longer make a Lasting Power of Attorney. In these cases, you may need to apply to the Court of Protection for a Deputyship Order. This process allows a Deputy to be legally appointed to make decisions on their behalf.
There are two main types of deputy:
Property and Financial Affairs Deputy – manages finances, bills, pensions and property.
Personal Welfare Deputy – makes decisions about care, medical treatment and day-to-day wellbeing.
A deputyship application ensures that the person’s best interests are protected and that their affairs can be properly managed going forward. For more details on the application process and responsibilities, contact us or visit the government website.
Frequently asked questions
What does it mean when someone loses mental capacity?
Losing mental capacity means a person is no longer able to make certain decisions for themselves, often because of illness, a stroke, or a condition such as dementia. It can affect decisions about their finances, their care, or their medical treatment. At Brockbanks Solicitors, we help families understand their options and take the right legal steps to protect a loved one’s wellbeing and dignity.
What happens if my relative loses capacity without a Power of Attorney in place?
If a loved one loses capacity before making a Lasting Power of Attorney, no one can simply be appointed to act for them automatically. Instead, you may need to apply to the Court of Protection for a Deputyship Order, which legally appoints a deputy to make decisions on their behalf. Brockbanks Solicitors can guide you through this application and stand by you at every stage.
What is a Deputyship Order?
A Deputyship Order is granted by the Court of Protection and gives a named deputy legal authority to make decisions for someone who has already lost mental capacity. It can cover financial matters and, in some cases, health and welfare decisions. We’ll handle the application process for you and make sure your actions are legally sound, so you can focus on supporting your loved one.
Why do I need legal authority to manage a loved one's affairs?
Without the right legal authority, even well-meaning family members can hit roadblocks: banks may freeze accounts, care providers may be unable to take instructions, and important decisions can be delayed. Getting the proper authority in place removes those barriers and protects your loved one’s best interests. Seeking advice early with Brockbanks Solicitors helps you avoid unnecessary delays at an already difficult time.
Can a Lasting Power of Attorney still be made after capacity is lost?
No — a Lasting Power of Attorney can only be made while the person still has the mental capacity to understand the decision. Once capacity has been lost, the route is usually a Deputyship Order through the Court of Protection instead. Brockbanks Solicitors can advise on whichever path applies to your family’s situation and explain exactly what happens next.
How can Brockbanks help my family through this?
Our experienced team helps families take the right legal steps to safeguard a loved one’s wellbeing, finances and dignity, with clarity and compassion throughout. We know this is a distressing time, and our role is to take the legal weight off your shoulders. To discuss your options, call our Whitehaven office on 08081 965462, request a callback through our website, or arrange a meeting at any of our offices across Cumbria.
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