Making an LPA after a dementia diagnosis
Guidance from Estate Advisory Group
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 free suitability check will tell you plainly if we are not the right route for you.
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.
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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