Can you get Lasting Power of Attorney for someone with dementia?

Summary

A dementia diagnosis can be overwhelming, bringing many questions about the future. While it’s natural to feel uncertain, taking steps to plan ahead can offer reassurance and ensure that important decisions are made with care and respect. A Lasting Power of Attorney (LPA) gives someone with dementia the ability to choose a trusted person to make decisions on their behalf if they can no longer do so themselves. In this guide, we’ll walk through how an LPA works for someone with dementia, when it can be set up, and what happens if one isn’t in place. Yes, a person who has recently been diagnosed with dementia can still make a Lasting Power of Attorney, as long as they have mental capacity at the time of making it. Mental capacity means they understand what an LPA is, what powers it grants, and the potential consequences of signing it. If someone is in the early stages of dementia and can still make informed decisions, it’s strongly recommended that they arrange an LPA as soon as possible. This helps avoid complications later when they may no longer be able to give legal consent. Yes, someone with dementia can sign legal documents in the UK, but only if they have the mental capacity.

Key information

• What an LPA is and what it does
• The powers they are giving to their chosen attorney(s)
• The potential consequences of signing the document
• That the attorney(s) must act in their best interests
• Health and Welfare LPA: This allows attorneys to make decisions about medical treatment, daily care, and where the donor lives. It can only be used once the donor loses mental capacity.
• Property and financial affairs LPA: This enables attorneys to handle financial matters, such as managing bank accounts, paying bills, collecting pensions, and even selling property if necessary. This type of LPA can be used as soon as it is registered, if the donor wishes, or only when they lose capacity.
• LP1F – For Property and Financial Affairs
• LP1H – For Health and Welfare
• The donor must sign first, confirming they understand the LPA and agree to appoint the attorneys.
• A certificate provider must sign next. This is someone who confirms that the donor has the mental capacity to make the LPA and is not being pressured into doing so. The certificate provider can be a medical professional, solicitor, or someone who has known the donor for at least two years.
• Each attorney must also sign, confirming they accept the role and responsibilities.
• No automatic decision-making rights: Family members cannot legally manage bank accounts, property, or medical decisions without legal authority.

Practical guidance

• Source: Can you get Lasting Power of Attorney for someone with dementia?

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