Wills, Probate & Later Life

Mental Capacity

An older woman and her adult son sitting quietly together in a slate blue-grey living room, mid-conversation, soft afternoon light

Wills, Probate & Later LifeEngland and Wales

Lasting power of attorney: the document most families wish they had sorted earlier

Being someone's next of kin gives you no legal authority over their money or their care. A lasting power of attorney does, but only if it is made while the person still has capacity to make it.

Law In Life · 3 September 2026

A woman in her fifties sitting at a kitchen table with an older relative, listening, in a lilac and mint kitchen with quiet daylight

Wills, Probate & Later LifeEngland and Wales

Who decides whether someone can decide? Mental capacity, explained

Capacity is not a verdict on a person. It is a decision-by-decision test, and the law starts from the assumption that the person in front of you can make up their own mind.

Law In Life · 3 September 2026

A man in his forties standing at a window in a forest green room, holding a mug, looking out thoughtfully

Wills, Probate & Later LifeEngland and Wales

When nobody has authority: the Court of Protection and what deputyship involves

If someone loses capacity without a power of attorney, their family cannot simply take over. The route runs through a specialist court, and it is slower, supervised and more expensive than most people expect.

Law In Life · 3 September 2026

An older man sitting on the edge of a bed in an aubergine bedroom, holding his glasses, looking towards the window

Wills, Probate & Later LifeEngland only

Paying for care: what the council covers and what comes out of your savings

Social care in England is means-tested, and the thresholds are lower than most families assume. Understanding the assessment is what stops decisions being made in a panic.

Law In Life · 3 September 2026