What Happens if Someone Lacks Capacity?

If someone close to you cannot make a particular decision for themselves, the Mental Capacity Act says that any decision made on their behalf must be made in their "best interests". That may sound straightforward, but it does not simply mean doing what family members feel is best.

The people involved need to take a thoughtful, structured approach. This includes considering your loved one's wishes, feelings, beliefs and values, involving them as much as possible, speaking with relevant family members and professionals, and asking whether the decision could wait until they regain capacity.

This helps make sure their voice stays at the heart of the decision, even when they are not able to make the final decision themselves.

How the MCA Protects Decision-Makers

Many clients are surprised to learn that the Mental Capacity Act is not only there to protect vulnerable individuals. It also gives important protection to the people making decisions on their behalf.

So, if you are acting as an attorney, helping an elderly parent, supporting a partner, or making decisions alongside professionals, the MCA can help protect you too — provided you reasonably believe the person lacks capacity and you act in their best interests.

That protection can be especially important if a decision is later questioned by other family members or interested parties.

If you have followed the right steps, arranged assessments where needed, and kept proper records, you are in a much stronger position to show that you acted lawfully and responsibly.

Where an Estate Planner Adds Real Value

This is where working with an estate planner can make a real difference for you and your family.

A good estate planner does much more than prepare documents. I can help you understand what needs to happen, what your responsibilities are, and how to keep your loved one's wishes at the centre of the planning process.

One of the most valuable things I can do is help identify possible capacity concerns early. If extra support or a professional assessment may be needed before important legal documents are signed, it is far better to deal with that at the outset than after a problem has arisen.

This is particularly important if you or someone you care about is making a Will.

It is a common misconception that a diagnosis of dementia automatically means someone cannot make a valid Will. In reality, they may still be able to do so if they understand what they are doing, what they own, and who may have a claim on their estate. Each situation needs to be looked at carefully and individually.

If there is any uncertainty, I can recommend getting a professional medical assessment. This can protect the person making the Will and provide important evidence if the Will is ever challenged later on.

Reducing the Risk of Future Disputes

Sadly, disagreements about Wills and estates are becoming more common, and they can place a huge strain on families.

After someone has died, questions can arise about whether they really understood what they were signing or whether someone else influenced their decision.

I help reduce those risks by keeping clear records of meetings, carefully documenting instructions, explaining the reasoning behind recommendations and, where needed, recommending independent medical evidence.

These safeguards can be invaluable if a disappointed beneficiary later challenges the Will. They help show that your planning was handled professionally, transparently and in line with the law.

Planning Early Makes All the Difference

Perhaps the biggest benefit of getting advice early is that you can put things in place before problems arise.

Too often, families wait until a health issue appears before putting Wills and LPAs in place. By then, capacity concerns may already have developed, and the process can become much more difficult and stressful.

Putting a Will and LPAs in place while capacity is clear gives you and your family greater certainty. It means your wishes are recorded properly and the right people have the legal authority to step in if circumstances change.

Final Thoughts

The Mental Capacity Act is there to protect both vulnerable people and those who support them. If you are making a Will, setting up an LPA, or helping a loved one living with dementia, understanding how the MCA works can give you clarity and confidence.

By working with me, you can make sure the right legal steps are followed, your wishes or your loved one's wishes are respected, and any decisions made are strong enough to stand up to future scrutiny.

Good estate planning is not just about protecting assets. It is about protecting people, preserving wishes, and giving families confidence when it matters most.

So, the key question is this: if something changed tomorrow, would you and your family have the legal authority and clear guidance needed to act?