Lasting Power of Attorney
A dementia diagnosis does not prevent you from making an LPA — but acting promptly is essential. Here is what you need to know.
Whether you can make an LPA depends on whether you currently have mental capacity — not on whether you have a dementia diagnosis. Many people with early-stage dementia retain full capacity and can make a perfectly valid LPA.
The critical thing is to act as soon as possible after a diagnosis. Dementia is progressive — capacity that exists today may not exist in six months. Do not wait.
Dementia Stages
Most people with an early dementia diagnosis retain full mental capacity. An LPA can and should be made as soon as possible. A solicitor can assess capacity and certify the document.
Capacity may vary day to day or even hour to hour. An LPA can still be made during a period of capacity. A GP or specialist may be asked to provide a capacity assessment. Act promptly.
Once capacity is lost, an LPA can no longer be made. The only option is a Court of Protection deputyship application — which is significantly more expensive and time-consuming.
The Legal Test
Under the Mental Capacity Act 2005, a person has mental capacity to make a decision if they can do all four of the following:
The person must be able to understand what an LPA is, what powers they are granting, and who they are appointing.
They must be able to hold the information in mind long enough to make a decision — even if only briefly.
They must be able to consider the implications of making the LPA and weigh up the decision.
They must be able to communicate their decision — by speech, writing, sign language or any other means.
Important: Capacity is assessed at the time the LPA is signed — not at the time of diagnosis. A person may have capacity on some days and not others. A solicitor can help identify the right time to proceed and ensure the process is properly documented.
Why Act Now
An LPA lets you choose the person you trust most to manage your finances and make care decisions. Without one, the court decides — and it may not be who you would have chosen.
A Health & Welfare LPA means your attorney can make decisions about your dementia care, treatment and living arrangements — in line with your wishes.
A Property & Financial Affairs LPA allows your attorney to manage your bank accounts, pay bills and deal with property — without the need for a costly court order.
Making an LPA now avoids the need for a deputyship application later — saving your family months of delay and thousands of pounds in court fees and ongoing supervision costs.
Common Questions
Yes — a dementia diagnosis does not automatically mean you have lost mental capacity. Many people with early-stage dementia retain full capacity and can make a valid LPA. The key question is whether you currently have the mental capacity to understand what you are signing. A solicitor can assess this and, if necessary, ask your GP or a specialist to provide a capacity assessment.
Mental capacity means the ability to understand the information relevant to a decision, retain it, use or weigh it, and communicate a decision. Under the Mental Capacity Act 2005, capacity is decision-specific — a person may have capacity to make some decisions but not others. For an LPA, the person must understand what an LPA is, who they are appointing, and what powers they are granting.
If someone loses mental capacity before making an LPA, it is too late to make one. The only option is to apply to the Court of Protection for a deputyship order. This process typically takes 6–12 months and costs significantly more than an LPA would have. This is why it is so important to make an LPA as early as possible after a dementia diagnosis.
Yes. A solicitor can carry out a capacity assessment as part of the LPA process. Where capacity is borderline or in doubt, the solicitor may recommend that a GP, psychiatrist or other medical professional also provides a capacity assessment. This protects the LPA from being challenged later on the grounds that the donor lacked capacity when it was made.
Yes — provided they still have mental capacity at the time of making the LPA. The donor must understand who they are appointing and what that person will be able to do. If capacity is present, the donor's choice of attorney is valid regardless of their dementia diagnosis.
An LPA made by someone who had mental capacity at the time is legally valid, even if family members disagree with the choice of attorney. If a family member believes the LPA was made without capacity or under undue influence, they can raise a concern with the Office of the Public Guardian or apply to the Court of Protection to have the LPA investigated or cancelled.
Ideally, yes. Making an LPA before any diagnosis — while you are in good health — is the simplest and most straightforward approach. However, a dementia diagnosis is not a barrier to making an LPA if capacity is still present. The important thing is to act promptly: do not wait until symptoms worsen.
A Health & Welfare LPA attorney can make decisions about care arrangements, medical treatment and where the donor lives — including decisions about dementia care homes, treatment plans and day-to-day welfare. This is one of the most important reasons to have a Health & Welfare LPA in place before dementia progresses.
If you or a family member has been diagnosed with dementia, speak to one of our LPA solicitors today. We can assess capacity, guide you through the process sensitively, and ensure the LPA is properly documented and registered.
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