Can someone with dementia make an LPA?
Yes — as long as they still have the mental capacity to understand what an LPA does and who they are appointing. Capacity is judged at the moment of signing, for that specific decision, not from the diagnosis on their records.
Make your LPA online for £49
Answer simple questions. We prepare your LPA documents from your answers, ready for the next steps.
- £49 per LPA, or £79 for both types
- No solicitor required for straightforward LPAs
- Plain English questions, one screen at a time
- Save your progress and come back to it
- Checked for common completion errors as you go
- Review everything before you pay
The Office of the Public Guardian charges a separate £92 to register each LPA.
Is an LPA still possible for your relative?
Only the person themselves can make an LPA, and only while they have mental capacity. Start here.
They have capacity and want to make one
You can help with every part of the paperwork. They make the decisions and sign.
You are not sure whether they have capacity
Capacity is decision-specific and a diagnosis alone does not settle it. Read how it is judged before you spend anything.
They have already lost capacity
An LPA can no longer be made — not by us and not by anyone else. The route is a deputyship application to the Court of Protection.
The four-part test
Under the Mental Capacity Act 2005 a person has capacity for a decision if they can do all four of the following:
- Understand the information relevant to the decision
- Retain that information long enough to make the decision
- Use or weigh that information in making the decision
- Communicate the decision by any means
The law starts from the presumption that an adult has capacity. It also requires that they be given practical help to understand — a quiet room, a good time of day, plain explanations, or a second conversation.
Capacity is decision-specific — this is the part people miss
Capacity is not a single switch that is either on or off. Someone can lack capacity to make a complex decision, such as agreeing to a particular investment strategy, while still having capacity to make a simpler one, such as deciding who they trust to look after their bank account. An LPA sits at the simpler end of that spectrum: the donor needs to understand the broad shape of what they are agreeing to, not the fine legal detail.
This matters because a dementia diagnosis, or even a formal note in medical records that says someone 'lacks capacity', is often written about a specific decision — for example, managing a tenancy, or consenting to a particular treatment. It is not automatically a statement that they lack capacity for every decision, including making an LPA. Equally, nobody should assume capacity is present just because it has not been formally tested; if there is real doubt, ask.
Time-specific too
Capacity can also vary by time of day, tiredness, infection, or medication. If today is a bad day, there is no requirement to sign today — wait for a better one and note the reason for the delay.
What that looks like in practice for an LPA
For an LPA specifically, the donor needs to understand that they are giving named people authority to make decisions for them, roughly what those people would be able to do, and that they can cancel the LPA while they still have capacity.
They do not need to understand every clause of the form, and they do not need to be able to manage their own finances day to day. A person can lack the capacity to run a share portfolio and still have the capacity to decide who they trust.
Fluctuating capacity is workable
If capacity comes and goes, the LPA can be discussed and signed at a time when the donor can engage properly. Notes made at the time by the certificate provider are useful if the LPA is ever questioned.
Who confirms it, and evidence worth keeping
The certificate provider signs to say the donor understands the LPA and is not being pressured. Where dementia is diagnosed, a GP, a solicitor or another professional who can assess capacity is the safest choice, because their confirmation carries more weight if a relative objects later.
The certificate provider cannot be one of the attorneys, or a family member of the donor or attorneys. If there is any chance the LPA could later be questioned — for example, by a family member who was not consulted, or an attorney who disagrees with the choice made — it is worth keeping a simple written record at the time:
- A short note from the certificate provider of what was discussed and observed, dated on the day
- Any relevant letter or clinic note about the diagnosis and its stage, kept separately
- A note of who was present when the LPA was discussed and signed, and confirmation no one else was in the room during the private conversation the certificate provider should have with the donor
- If a professional certificate provider assessed capacity formally, a copy of that assessment
| Situation | Who to use as certificate provider |
|---|---|
| No diagnosis, capacity clearly not in question | Anyone eligible who has known the donor two years, or a professional |
| Diagnosed but early and well understood | A professional is safer but not strictly required |
| Diagnosed and capacity may be borderline | A GP, solicitor, or other professional able to assess capacity |
| Family disagreement expected | A professional, plus a written record kept at the time |
A worked example
Harold's family were split: his daughter thought he was still sharp enough to manage an LPA himself, while his son worried he was already too confused. Rather than guess, Harold's daughter asked his GP to see him and act as certificate provider. The GP spent time with Harold alone, confirmed he understood who he was appointing and why, and signed the certificate along with a short dated note of the conversation. That note settled the disagreement in the family and would carry weight if the LPA were ever challenged later.
If the answer is no
If the donor can no longer meet the test, no one can make an LPA on their behalf. A family member would instead apply to the Court of Protection to be appointed deputy, which typically takes months and costs considerably more — see what happens if capacity is already lost. We cannot help with deputyship, and we would not take payment from anyone in that position.
Common questions
Does a diagnosis mean capacity is gone?
No. Capacity is decision-specific and is presumed unless the four-part test cannot be met for that particular decision.
Who decides if there is a disagreement in the family?
In practice the certificate provider's assessment stands unless it is challenged. A serious dispute would be decided by the Court of Protection.
Can we start the paperwork before seeing the GP?
Yes. Gathering the answers costs nothing to review and means the GP appointment can be short and focused on the certificate.
Is a formal capacity assessment always required?
No. Capacity is presumed unless there is reason to doubt it. A formal assessment is worth arranging where there is a diagnosis, real uncertainty, or a chance of family disagreement later.
What should we do if capacity seems to vary day to day?
Choose a time when the donor is at their clearest, keep the conversation unhurried, and ask the certificate provider to note the date and time. There is no requirement to sign on a particular day.
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.
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 Lasting Powers of Attorney in England and Wales. We are not a law firm and this is not legal advice about your situation. What we do and do not do.