Dementia and Power of Attorney: What You Must Know

Dementia and LPA: Why Acting Early Matters

Dementia is the leading cause of death in England and Wales. It affects 1 in 14 people over 65 and 1 in 6 over 80. If you or a family member are concerned about dementia, creating a Lasting Power of Attorney should be a priority.

The Critical Timing Issue

Here's the essential fact about LPAs and dementia:

You can only create an LPA while you have mental capacity to do so.

Once dementia has progressed to the point where you cannot understand what an LPA is and what it does, you cannot create one. No exceptions.

This means:

If you're worried about dementia, create LPAs NOW
If a parent has early-stage dementia, act IMMEDIATELY
Every day of delay increases the risk

Creating an LPA After a Dementia Diagnosis

A dementia diagnosis doesn't automatically mean you lack capacity to create an LPA. In early stages, many people can still:

Understand what an LPA is
Choose who they want as attorneys
Make decisions about their future care

Steps to Take After Diagnosis

Don't delay - Capacity can decline unpredictably

Get medical input - A doctor's opinion supports validity

Choose a suitable certificate provider - Often a GP or solicitor

Create both types of LPA - Complete protection

Register immediately - Don't wait

Capacity Assessment for LPA

The person creating the LPA must understand:

What an LPA is and what it does
That they're giving authority to their attorneys
That attorneys must act in their best interests
That the LPA can be cancelled while they have capacity

If there's any doubt, a formal capacity assessment from a doctor provides evidence the LPA was validly made.

What Happens Without an LPA

When someone with dementia loses capacity without an LPA:

For Finances

Bank accounts may be frozen
Bills cannot be paid
Property cannot be sold
Pensions may become inaccessible
Investments cannot be managed

For Healthcare

Family has no legal decision-making power
Healthcare professionals make treatment decisions
Care home choices may be limited
End-of-life wishes may be unknown

The Only Alternative: Court of Protection

Without an LPA, the family must apply for a Deputyship order:

Takes 4-12 months (or longer)
Costs £2,000-5,000+ in fees
Requires ongoing annual supervision
Annual fees continue indefinitely
Much more restrictive than LPA

All while your loved one needs help they can't get.

Planning Ahead: Before Diagnosis

The best time to create an LPA is before any concern arises. Consider creating LPAs if:

You're over 50 (or even younger)
You have family history of dementia
You want peace of mind
You have assets to protect
You care about healthcare decisions

If Your Parent Has Dementia

Adult children often face the difficult task of helping parents who didn't plan ahead.

If They Still Have Capacity (Early Stages)

Have gentle conversations about LPAs
Explain you want to help them, not control them
Involve their GP if helpful
Use a service that makes the process easy
Act quickly but sensitively

If They Lack Capacity

Court of Protection is the only option
Consider emergency applications if urgent
Get legal advice
Apply for Deputyship
Document all attempts to help

What LPAs Cover for Dementia Care

Property and Financial Affairs LPA

Accessing accounts to pay for care
Managing pensions and benefits
Selling property if needed
Handling day-to-day finances
Managing investments

Health and Welfare LPA

Choosing care homes
Making medical decisions
Arranging daily care
Life-sustaining treatment decisions
Where they want to live

Including Your Wishes

Your LPA can include preferences specific to dementia care:

"I want to stay at home as long as safely possible"
"I prefer X care home near my family"
"Quality of life matters more to me than length of life"
"I want my pet to stay with me if possible"
"I wish to continue attending church/synagogue/mosque"

Choosing Attorneys for Dementia Planning

Consider:

Will they be available for potentially years of care?
Can they handle difficult healthcare decisions?
Do they understand your values?
Can they manage complex finances if needed?
Are they good at advocating with care providers?

Protecting Against Dementia: Act Now

Don't wait for a diagnosis. Don't wait for symptoms. The time to create an LPA is while you're healthy and can make these decisions calmly and carefully.

At myLPA, we help thousands of families create LPAs that protect against dementia and other incapacity. Both types of LPA from just £140.

Create Your LPAs Now →