Published on: 11th May 2026

What You Can’t Do for Your Parents Without Legal Authority

It’s a common assumption; if something happens to a parent, most adult children believe they will automatically be able to step in and help. Deal with the bank. Speak to the doctor. Make arrangements. Keep things moving. It feels natural and obvious. It’s also where many families run into difficulty. Because in England and Wales, being a son or daughter does not automatically give you the legal authority to manage someone else’s financial affairs or make certain health and welfare decisions if they lose mental capacity. And that gap between expectation and legal reality is where problems usually begin.

When “helping out” isn’t enough

In practice, families often discover quite quickly that good intentions are not the same as legal permission. Even where everyone agrees on what should happen, organisations are required to follow strict rules. That means adult children may find they cannot:

• Access a parent’s bank account to pay urgent bills
• Speak to financial institutions about ongoing arrangements
• Deal with property matters or paperwork
• Make or influence decisions about care or medical treatment

The issue is not willingness. It is authority.

Why this happens

Mental capacity is the legal threshold for making and communicating decisions. It can be affected by:

• Sudden illness or stroke
• Accidents or serious injury
• Dementia or gradual cognitive decline
• Temporary medical conditions or treatment effects

When capacity is affected, decision-making rights do not automatically transfer to family members, even close ones. Instead, legal authority must already be in place.

What happens if there is no legal authority

If a Lasting Power of Attorney has not been set up and a parent loses capacity, families usually need to apply to the Court of Protection to be appointed as a deputy. This can involve:

• A formal court application process
• Delays before authority is granted
• Legal and ongoing supervision costs
• Limits on how decisions can be made

During this time, practical issues often continue in the background, including financial commitments, care arrangements, and property responsibilities.

The key distinction people miss

There is an important difference between:

• Being involved in someone’s care or support, and
• Having legal authority to make decisions on their behalf

Most adult children assume those two things naturally go together. Legally, they do not.

Why timing is critical

A Lasting Power of Attorney can only be made while the person creating it still has mental capacity. Once capacity is lost, it is no longer possible to put one in place. At that point, the only route is the Court of Protection process. That is why these arrangements need to be made in advance, not during a crisis.

What a Lasting Power of Attorney actually does

A Lasting Power of Attorney allows a person to appoint trusted people to act on their behalf if they are no longer able to make decisions themselves. There are two separate types:

• Property and Financial Affairs LPA - Allows attorneys to manage financial matters such as bank accounts, bills, property, and income.
• Health and Welfare LPA - Allows attorneys to make decisions about care, medical treatment, and day-to-day welfare.

Each one serves a different purpose and operates independently.

Most adult children do not realise there is a legal gap between helping a parent and being allowed to make decisions for them. It usually only becomes visible when something changes and authority is needed immediately. A Lasting Power of Attorney ensures that the people a person trusts are already in place and able to act without delay or uncertainty. It is not about taking control. It is about making sure support can continue when it is needed most.

Practical Next Step

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868 190 or click here.

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However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover.

To arrange an appointment please telephone 01732 868190 or click here.

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