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LPAs after a stroke

Guidance from Estate Advisory Group

Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026

A stroke does not automatically remove capacity. Many people can still make an LPA — often only for a limited window.

Capacity is decision-specific

The test is whether the person can understand, retain and weigh the information about making an LPA, and communicate a decision. Speech loss is not the same as capacity loss. See mental capacity explained.

If they cannot physically sign

  • Someone else can sign at the donor's direction, in front of two witnesses.
  • A mark rather than a signature is acceptable if witnessed properly.
  • Communication aids, boards or an interpreter can be used and should be noted.
  • Consider asking the treating clinician to act as certificate provider.

Do not delay

Capacity after a stroke can fluctuate or decline. If today is a good day, act today.

The order to do things

  1. Ask the ward or GP for a view on capacity for this decision.
  2. Prepare the forms — a Property & Financial Affairs LPA is usually the urgent one.
  3. Arrange an independent certificate provider, ideally a professional.
  4. Sign in the correct order and register straight away.

Common questions

What if capacity has already gone?

No LPA can be made. A deputyship application to the Court of Protection is the only route. See Court of Protection explained.

Can a relative fill in the form for them?

Yes — someone else can complete the paperwork. The donor must make the decisions and the signature must be theirs or made at their direction.

Read next

Where this fits

This page is part of Parents, couples and capacity. The pages below take it further.

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.

Check if an LPA is still possible

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