Ageing happens more quietly than you’d expect. One day, your loved ones are handling everything on their own, and the next, they’re slowing down in little ways you can’t ignore. Seeing your parent, spouse, or loved one lose capacity can be distressing, especially when changes in memory or behaviour start to raise concerns.
As a family member, you would need to take over financial, legal, and emotional responsibilities. Whether it’s setting up a will or talking to deputyship lawyers, the way you offer support matters.
Here’s a short guide explaining what families need to know when a loved one loses capacity:
Source: freepik
Warning Signs of Diminished Capacity
The first step is recognising the warning signs of diminished capacity. Proactive awareness will help you take the necessary legal and financial steps. Here are some signs you should watch out for:
- Memory loss beyond normal ageing. They might forget familiar names, frequently repeat stories, or get lost in well-known locations.
- Difficulty managing routine tasks, such as handling bills, medications, and utilities.
- Noticeable disorganisation or neglect around the home.
- Poor judgment and financial vulnerabilities. They might fall for IRS scam calls.
- Increased fearfulness and suspicion.
- Depressed mood or confusion in conversation.
Decision-Making Responsibilities
When a loved one loses capacity, they could have trouble making legal and financial decisions. Start by looking for a Lasting Power of Attorney (LPA), which allows a chosen person (attorney) to make decisions on finances and health.
But if there is no LPA, you need to apply to the Court of Protection (CoP) to be their Deputy. You have the following options:
- A property and affairs Deputy makes decisions about financial affairs, such as the sale and purchase of property.
- A health and welfare Deputy makes decisions about a person’s welfare, including care and medical treatment.
The good news? You can seek help from Court of Protection solicitors to manage your duties.
Financial and Property Arrangement
Families should also be aware of increased financial responsibilities. Again, without a Registered Power of Attorney or Deputyship Order, financial institutions will generally not allow you to manage a loved one’s account, even if they are your spouse.
You should also take steps to prevent financial abuse. This could mean taking proactive steps, such as installing phone call blockers, monitoring bank statements, and setting up alerts for large transactions.
If your loved one is receiving government benefits, you can apply to the Department for Work and Pensions (DWP) to become an Appointee. This will give you the power to manage their funds. Applying to be an Appointee is generally faster than applying to be a full deputy. But it’s not an alternative.
Emotional Support
Losing control over daily decisions can be just as difficult as the physical challenges that come with age. This is why it’s natural for ageing individuals to struggle emotionally.
First off, respect their independence. If they want to handle day-to-day tasks themselves, let them, no matter how long it takes. You can also support ageing in place to help them feel emotionally settled in their personal space.
Looking Forward
Watching a loved one lose capacity is challenging. But you also have an opportunity to show respect and gratitude for all they’ve done for you. By making financial and legal decisions on their behalf, you can improve their quality of life.
Please be advised that this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues regarding helping a loved one who is losing capacity.
