Can someone with dementia make an LPA?
One of the most common questions families ask is whether a loved one with dementia can still make a Lasting Power of Attorney. The answer is: it depends on the stage of the condition and whether the person has what the law calls "mental capacity" at the time of making the LPA.
Under the Mental Capacity Act 2005, a person is assumed to have capacity unless it is established otherwise. Capacity is assessed at the specific time a decision needs to be made — not as a blanket judgement. This means that someone with early-stage dementia may well have the capacity to create an LPA, even if their memory is deteriorating in other areas.
What does mental capacity mean for an LPA?
To make a valid LPA, the donor must be able to:
- Understand what an LPA is and what powers it gives to the attorney
- Understand the consequences of making (or not making) the document
- Retain that information long enough to make the decision
- Communicate their decision (by any means)
If a person can do all of the above on the day they sign, the LPA can be valid — even if they might not remember the conversation a week later.
How is capacity assessed?
The certificate provider who signs the LPA must confirm that, in their opinion, the donor understands the LPA and is not being pressured into making it. If there is any doubt about capacity, it is wise to get a formal capacity assessment from a doctor or specialist. This assessment can serve as evidence that the donor had capacity at the time of signing, which can protect against future challenges.
Some families arrange for a GP or consultant to carry out a capacity assessment on the same day the LPA is signed. The doctor's written report can then be kept alongside the LPA as supporting evidence.
What if someone has already lost capacity?
If a person no longer has the mental capacity to understand what an LPA is, it is too late to make one. In this situation, the only option is to apply to the Court of Protection for a deputyship order. Deputyship is significantly more expensive than an LPA — typically costing £1,000 or more in court fees and legal costs — and involves ongoing supervision and annual reporting to the Office of the Public Guardian.
This is why making an LPA early is so important. An LPA made while someone is healthy and has full capacity is straightforward, affordable, and avoids the stress and expense of deputyship later on.
Why should you act early?
Around 900,000 people in the UK currently live with dementia, and that number is projected to rise to over 1 million by 2025 according to the Alzheimer's Society. Dementia can progress unpredictably, and a window of capacity can close without warning.
Setting up an LPA while the donor is well means:
- The donor chooses their own attorneys and any conditions
- There is no doubt about capacity or undue influence
- Registration can be completed in advance so the LPA is ready when needed
- The family avoids the cost and delay of deputyship
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
What types of LPA are relevant for dementia?
There are two types of LPA, and both are important when planning for dementia:
- Health and Welfare LPA — covers decisions about medical treatment, care homes, daily care, and life-sustaining treatment. This can only be used once the donor has lost capacity.
- Property and Financial Affairs LPA — covers bank accounts, bills, property, and investments. This can be used while the donor still has capacity (with their permission) or after they lose it.
Most families dealing with dementia need both types. With myLPA Guide, you can create both documents for just £69 — saving £9 compared to buying them separately.
Health and Welfare decisions in dementia
As dementia progresses, the Health and Welfare LPA becomes essential. Attorneys may need to make decisions about:
- Moving into a care home or supported living
- Medical treatments and hospital care
- Day-to-day matters like diet, clothing, and activities
- Whether to consent to or refuse life-sustaining treatment
Financial decisions in dementia
A Property and Financial Affairs LPA allows attorneys to manage the donor's money and property. This includes paying bills, managing savings, selling property to fund care, and dealing with the donor's pension and benefits.
How can you protect someone with dementia from abuse?
Choosing the right attorneys is critical. Consider appointing:
- More than one attorney, acting jointly and severally for flexibility or jointly for added safeguards
- Replacement attorneys in case a primary attorney can no longer act
- Adding preferences and instructions to guide how attorneys make decisions
You can also notify "people to be told" when the LPA is registered, adding another layer of oversight.
How do I get started?
If dementia is a concern — whether for yourself or a family member — the best time to act is now. You can start your free LPA questionnaire today and see exactly what the completed form looks like before you pay anything. The OPG registration fee is £92 per document, which is a government charge paid directly to the Office of the Public Guardian.