Lasting Power of Attorney and Dementia (UK): What Families Need to Know

If someone close to you has been diagnosed with dementia, or you're worried they might be, a lasting power of attorney (LPA) is one of the most useful things you can sort out together. It can feel like an uncomfortable conversation. But having one in place early can make what comes later much easier: paying bills, talking to the bank, and having a say in care decisions.

This guide is written for families in England. The same LPA system also applies in Wales, but Scotland and Northern Ireland have their own laws, forms and fees (see the end of this guide). It explains how LPAs work, why timing matters so much with dementia, and what happens if there isn't one.

In short: An LPA lets a person choose someone they trust to make decisions for them if they can't make them later. It has to be made while they still have the mental capacity to understand it, and registered before it can be used. A dementia diagnosis doesn't automatically mean it's too late.

What a lasting power of attorney is

An LPA is a legal document. The person making it (the "donor") names one or more people (the "attorneys") who can make decisions on their behalf. The donor must be 18 or over and have mental capacity when they make it, and attorneys must also be 18 or over.

Without an LPA, a husband, wife, partner or adult child has no automatic right to manage someone's bank accounts or make decisions about their care, even if they've been married for decades.

The two types

There are two kinds of LPA. You can make one or both, and you can choose the same attorneys for each or different ones.

Property and financial affairs LPA. This covers money and property: bank accounts, paying bills, collecting income and benefits, and, if needed, selling the person's home. Once it's registered, it can be used while the person still has capacity, with their permission. Many families find this helpful in the early stages, when someone can still decide but finds paperwork tiring or confusing.

Health and welfare LPA. This covers decisions about daily routine, medical care, moving into a care home, and, if the donor chooses, accepting or refusing life-sustaining treatment. It can only be used once the person can no longer make those decisions themselves.

Why timing matters with dementia

To make an LPA, a person must have mental capacity at the time. That means they understand what an LPA is, what it does and what giving someone this power means.

Having dementia is not the same as lacking capacity. Many people in the early stage of dementia can still make an LPA. Capacity is also decision-specific: someone may not be able to manage complex investments but can still understand and choose who they trust to act for them.

The problem is that dementia is progressive. Over time, the ability to make decisions usually declines, and it can vary from day to day. If you wait until there's a crisis, such as a hospital admission or a bill that can't be paid, it may be too late. Alzheimer's Society advises starting to think about an LPA as soon as you can, while the person still has capacity.

If you're unsure where your relative is on that path, our guide to the 7 stages of dementia may help you get a sense of what's ahead.

How to make an LPA, step by step

1. Talk about it

Start with a gentle conversation. Many people find it easier to frame it as something everyone should have, rather than something being done because of the diagnosis. It's the donor's decision. Attorneys should be people they genuinely trust, not people chosen to keep the peace.

2. Choose attorneys and decide how they'll act

If there's more than one attorney, the donor decides how they work together:

• Jointly: attorneys must always act together and agree on every decision.
• Jointly and severally: attorneys can act together or on their own. This is often more practical day to day.
• A mix: for example, all attorneys must agree on selling the house, but any one of them can pay routine bills.

It's also worth naming a replacement attorney who can step in if a first-choice attorney can no longer act. This matters most if there's only one attorney, and especially if that attorney is a partner of a similar age.

3. Choose a certificate provider

A certificate provider confirms that the donor understands the LPA and is making it by choice, without pressure. This is an important safeguard.

According to Alzheimer's Society, it can be a professional, such as a GP, social worker or solicitor, or someone who has known the donor personally for at least two years and is independent. It cannot be a family member, one of the attorneys, or anyone who could benefit from the LPA. The certificate provider must be 18 or over.

With dementia, some families choose the GP or a solicitor as certificate provider. If capacity is ever questioned later, a professional's confirmation carries weight.

4. Fill in the forms

You can make an LPA online using the government's service, or on paper. The online service guides you through each section, but you still print the forms and sign them at the end. The donor, attorneys and certificate provider must all sign the same original document (not copies, and not with digital signatures), and signatures must be witnessed by someone aged 18 or over. An attorney can't witness the donor's signature.

On the property and financial affairs form, the donor chooses whether attorneys can act only when they lack capacity, or also while they still have capacity with their permission.

If you'd like help, Alzheimer's Society has a digital assistance service: a trained volunteer completes the LPA with you over the phone using the government's online tool. It does not give legal advice. A solicitor can also prepare and check an LPA for you, for a fee.

5. Notify people and register it

The donor can choose people to be told about the application. They receive a notice and have three weeks to raise any concerns with the Office of the Public Guardian (OPG).

An LPA must be registered with the OPG before it can be used. Either the donor or an attorney can apply. If an attorney applies, the donor is told and can object.

How much it costs and how long it takes

As of November 2026, the fees for registering an LPA in England and Wales are:

The reduction or exemption has to be applied for at the same time as the registration, using form LPA120; the OPG won't consider it later. Fees aren't refundable. If the donor doesn't qualify for a reduction or exemption but paying would cause financial hardship, you can write to the OPG to ask for help with the fee.

Registration takes about 8 to 10 weeks if there are no mistakes in the application. Errors can add weeks, so check the forms carefully. If the OPG finds a mistake that can be corrected, you may be able to apply again within three months for £46.

What attorneys must do

Being an attorney is a responsibility, not just a permission. Under the Mental Capacity Act 2005, attorneys must:

• assume the person can make a decision unless it's shown that they can't
• help them make a decision themselves before deciding for them
• act in their best interests, taking into account their past and present wishes
• keep them involved as much as they can
• keep the person's money separate from their own and keep records

In practice, that might mean asking your mum which of two care homes she prefers, even if her memory is poor, or keeping her favourite routines in place when you manage her money.

If anyone is worried that an attorney is taking advantage of the person or not acting in their best interests, they can report it to the OPG, which can investigate. In serious cases, the Court of Protection can remove an attorney.

What if there's no LPA?

If someone has already lost capacity and never made an LPA, the family may need to apply to the Court of Protection for a deputyship. A deputy has similar powers to an attorney, but there are important differences:

• The court chooses, not the person with dementia. It may even appoint a professional deputy who doesn't know them.
• It's slower and costs more than an LPA, and there are ongoing duties, including an annual report and an annual fee.
• It's mainly for money and property. Deputies are usually appointed only for property and finances. Health and care decisions are usually made by professionals in the person's best interests, taking their past and present wishes into account.

While a deputyship is being arranged, it can be hard to pay bills from the person's accounts. That's one of the main reasons charities and the NHS stress making an LPA early.

Older powers of attorney

If your relative made an enduring power of attorney (EPA) before 1 October 2007, it can still be used if it was completed correctly. EPAs cover only property and finances, not health and welfare decisions. It's no longer possible to make a new EPA.

An ordinary (general) power of attorney stops working if the person loses capacity, so it isn't suitable for someone with dementia.

Other documents to think about at the same time

While you're planning, it can make sense to consider:

• A will. A person with dementia can still make or change a will, provided they understand its effect. A solicitor who specialises in wills is a good idea for anything complex.
• An advance statement. A written record of wishes, beliefs and preferences, such as where they'd like to be cared for or music they love. It isn't legally binding, but attorneys and the healthcare team take it into account.
• An advance decision to refuse treatment. A decision, made in advance, to refuse specific treatments in future. If it refuses life-sustaining treatment, such as CPR, ventilation or antibiotics, it must be written down, signed by the person and signed by a witness. It's sensible to give a copy to the GP. If there's also a health and welfare LPA, get advice so the two documents don't conflict.

These conversations are hard, and they often stir up grief. Our article on the emotional toll of watching a loved one's dementia progress may help, as may our guide to helping a parent cope with dementia.

Wales, Scotland and Northern Ireland

This guide is written for England. An LPA made under this system is legally binding only in England and Wales, so the same rules and fees apply in Wales. Scotland and Northern Ireland have different laws, forms and fees for powers of attorney. If your relative lives in either nation, check with the relevant public guardian office or a local dementia charity before starting.

Quick checklist

• Talk about an LPA as early as possible, while the person still has capacity
• Decide on one or both types
• Choose attorneys, how they'll act, and a replacement
• Pick an independent certificate provider (a GP or solicitor is often wise)
• Complete the forms online or on paper, with signatures witnessed
• Apply for a fee reduction or exemption at the same time, if eligible
• Register with the OPG and allow 8 to 10 weeks
• Once registered, let the bank, GP and others who need to know have a copy

The details here are general information, not legal advice. If your situation is complicated, for example if there's family disagreement, a business, or doubts about capacity, speak to a solicitor.