Does a mental health condition stop you from making an LPA?
No. Having a mental health condition — whether it is depression, bipolar disorder, schizophrenia, anxiety, or any other diagnosis — does not automatically mean you lack the mental capacity to make a Lasting Power of Attorney.
Under the Mental Capacity Act 2005, every adult is presumed to have capacity unless it is established otherwise. Capacity is assessed for a specific decision at a specific time. This means that someone who may lack capacity during a severe episode of mental illness could have full capacity at other times.
Why should people with mental health conditions consider an LPA?
Mental health conditions can be unpredictable. An LPA allows you to plan ahead during a period of good health, choosing trusted people to make decisions on your behalf if you become unable to do so in the future. This is particularly valuable because:
- You choose your own attorneys rather than having a stranger appointed by a court
- You can add preferences and instructions about how decisions should be made
- Your attorneys already know your wishes and values
- It avoids the cost and delay of a deputyship application if you lose capacity
How does capacity work for mental health?
The Mental Capacity Act sets out a two-stage test:
- Stage 1: Does the person have an impairment of, or disturbance in the functioning of, the mind or brain?
- Stage 2: Does that impairment or disturbance mean the person is unable to make the specific decision at the time it needs to be made?
Someone might have a diagnosed mental health condition (Stage 1) but still be perfectly able to understand, retain, weigh up, and communicate their decision about making an LPA (Stage 2). In that case, they have capacity.
Fluctuating capacity
Many mental health conditions involve fluctuating capacity. Someone with bipolar disorder, for example, may have full capacity between episodes but lack it during a manic or depressive phase. The law recognises this — the key question is always whether the person has capacity at the moment the decision is being made.
If your capacity fluctuates, it makes even more sense to create an LPA during a period when you are well. The LPA then sits ready to be used if and when it is needed.
What type of LPA should you consider?
There are two types of LPA:
- Property and Financial Affairs LPA — this can be used as soon as it is registered, even while you still have capacity. This is useful if you want an attorney to help manage your finances during a difficult period, with your consent.
- Health and Welfare LPA — this can only be used when you lack capacity. It covers decisions about medical treatment, care, and where you live.
For people with mental health conditions, having both types in place provides comprehensive protection. With myLPA Guide, you can create both for £69 — saving £9 compared to buying them separately.
What about advance decisions and advance statements?
An LPA is different from an advance decision (sometimes called a "living will"). An advance decision is a specific refusal of a particular medical treatment in defined circumstances. An advance statement is a broader document setting out your wishes and preferences.
These documents can work alongside an LPA. For example, you might make a Health and Welfare LPA appointing your partner as your attorney, and also write an advance statement setting out your preferences about mental health treatment.
How much does it cost?
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.
The OPG registration fee is £92 per document, which is a government charge. This is dramatically less than solicitors, who typically charge £400-£900 for LPA preparation. You can complete your LPA questionnaire free right now to see how it works.
Tips for making an LPA with a mental health condition
- Time it well — make the LPA during a period of good health or stability
- Consider a capacity assessment — a letter from your doctor confirming capacity at the time of signing can prevent future challenges
- Choose attorneys carefully — pick people who understand your condition and respect your wishes
- Use preferences and instructions — write down how you want decisions made during episodes of ill health
- Appoint replacement attorneys — so there is always someone available to act
- Tell your attorneys about your wishes — have an open conversation about your values and preferences
What happens without an LPA?
If you lose mental capacity without an LPA in place, your family or friends would need to apply to the Court of Protection for a deputyship order. This process typically costs over £1,000, takes months, and the court may appoint someone you would not have chosen. Having an LPA in place avoids all of this.