Dementia is the most common reason families contact us about Lasting Powers of Attorney — and it is also the condition that most often prevents one being made.
Can You Make an LPA After a Dementia Diagnosis?
A dementia diagnosis does not automatically mean you have lost mental capacity. Many people in the early stages of dementia retain sufficient capacity to make a valid LPA. However, the window of opportunity can close quickly.
If there is any doubt about a person's capacity to make an LPA, we strongly recommend obtaining a capacity assessment from a GP or specialist. This protects the validity of the LPA.
What Happens Without an LPA?
If a person with dementia loses capacity without having made an LPA, the only option is to apply to the Court of Protection for a deputyship order. This typically takes 6 to 12 months and costs several thousand pounds.