Making an LPA after a dementia diagnosis
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
A diagnosis is not the same as losing capacity. Many people with early-stage dementia can still make a valid LPA — but the window closes, and it does not reopen.
Move quickly, and carefully
- Start now. Weeks matter more than getting every preference perfect.
- Use a GP, solicitor or capacity assessor as certificate provider so a professional judgement is on record.
- Discuss and sign on a good day, and note the time of day the person is clearest.
- Keep the document simple — heavy instructions invite argument about whether they were understood.
The capacity test being applied
The donor must understand what an LPA is, that their attorneys will make decisions for them, and that they can cancel it while they are able. They do not need to remember every detail of their finances. See mental capacity explained.
Family involvement must be visible and neutral
Where a diagnosis exists, an LPA is more likely to be questioned later. Involve all close family, keep the donor's own words in the record, and have the certificate provider speak to them alone.
If capacity has already gone
An LPA is no longer possible and no service — ours included — can help. The route is a Court of Protection deputyship application: slower, dearer, supervised annually and decided by the court. Speak to a solicitor or to the OPG. Our guided questions will tell you plainly if we are not the right route for you.
A worked example
Tom is diagnosed with early-stage Alzheimer's at 71. His wife Susan raises an LPA the same week, and their GP agrees to act as certificate provider at a routine appointment, noting in Tom's records that he understood the document's purpose and could explain it back in his own words. Tom appoints Susan for both types, with their son Michael as replacement. Six months later, when Tom's memory has declined further, the family is relieved the LPA is already registered — a fresh application would no longer be possible.
Stages of dementia and what they mean for an LPA
| Stage | Typical capacity for an LPA | What to do |
|---|---|---|
| Early / mild | Often retains capacity to make an LPA | Act now, use a professional certificate provider |
| Moderate | Capacity may fluctuate day to day | Sign on a clear day, note the time and context |
| Advanced / severe | Capacity to make an LPA is usually lost | Deputyship via the Court of Protection |
Health and welfare matters more here
Dementia commonly brings decisions about care home moves, medication, and end-of-life treatment. A health and welfare LPA lets the attorney be consulted on these, including end-of-life decisions and life-sustaining treatment if that section is completed. Without it, doctors decide alone, guided only by best-interests principles and whoever can speak to the person's known wishes informally.
Common questions
Will our LPA be challenged because of the diagnosis?
It can be, which is exactly why a professional certificate provider and a contemporaneous record are worth the fee in this situation.
Should we do both types?
Yes, and health and welfare becomes especially important — it covers care home moves and treatment decisions that dementia commonly brings.
Can a memory clinic assessment help later if the LPA is questioned?
Yes. A dated letter or report noting capacity at the time of signing is useful evidence if the OPG or a family member later raises a concern.
What if the GP is unsure whether there is capacity?
Ask for a formal capacity assessment. Some GPs charge for this; a solicitor can also arrange an assessment by a specialist if the answer is not clear-cut.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group