Mental capacity and power of attorney: Has anyone... - Headway


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Mental capacity and power of attorney


Has anyone ever had someone take over their finances while not having capacity and then later, when capacity returns, taken back control. If so, how hard was it to get it back. What restrictions were there for you and your partner.

Sue x

7 Replies

My assumption is that once someone returns capacity, ie for something like a brain injury where capacity would return, that it would be far easier to return control, due to the mental capacity act etc.

Thank you for the reply, my worry is him not getting control back. I will have look at the capacity act :-)


You probably need to get consultant(s) written opinion to the office of public guardian ( not sure but I have an LPA for finances to appoint my two children if I should need it in the future) . Have you looked on the paperwork you have or on the GOV.Uk website?

sue-66 in reply to moo196

No I haven't, but I will :-)

You can nominate your partner to act for you, so hopefully there would be no issue of getting back control. You can have more than one person nominated and it is your decision whether they can act individually or together. We have just sorted powers off attorney, both financial and medical for my elderly in laws.


Thanks Sue, but my partner already has loss of capacity, I was unsure whether to sort out court of protection or wait, as his bills are covered just now and he is recovering from a tbi



Hi Sue,

It might be worth contacting the Court of Protection helpline to discuss the process - we've found them quite helpful in the past and they should be able to explain everything to you.

You can find the details at

Do let us know how it goes.

Best wishes,


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