Can You Make an LPA for Someone With Dementia?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 16 March 2026

One of the most common questions families ask is whether a parent or loved one who has been diagnosed with dementia can still create a Lasting Power of Attorney (LPA). The answer is: it depends on their mental capacity at the time, not on the diagnosis itself. Under the Mental Capacity Act 2005, a person is assumed to have capacity unless it is established otherwise, and a diagnosis of dementia does not automatically mean someone lacks the capacity to make legal decisions.

Why a Dementia Diagnosis Does Not Automatically Prevent an LPA

The Mental Capacity Act 2005 sets out a clear legal test for capacity. A person has capacity to make a decision if they can:

• Understand the information relevant to the decision
• Retain that information long enough to make the decision
• Use or weigh that information as part of the decision-making process
• Communicate their decision (by any means)

This means that a person with early-stage dementia, mild cognitive impairment, or even moderate dementia may still have sufficient capacity to understand what an LPA is, who they are appointing as their attorney, and what authority they are giving. Capacity is assessed at the time the decision is made, not based on a general diagnosis.

Crucially, the law also requires that all practical steps are taken to help a person make a decision before concluding that they lack capacity. This might include choosing the right time of day when the person is most alert, explaining things in simple language, or allowing extra time for them to process the information.

Getting a Capacity Assessment Before Creating the LPA

When there is any doubt about whether a person has the mental capacity to create an LPA, getting a formal capacity assessment from a medical professional is strongly recommended. This is usually done by their GP or a specialist such as a psychiatrist, and it provides evidence that the person understood what they were doing at the time the LPA was signed.

The doctor will typically assess whether the person understands:

• What a Lasting Power of Attorney is and its legal effect
• That they are choosing someone to make decisions on their behalf
• Who they are appointing and why
• What types of decisions the attorney will be able to make
• That they can revoke the LPA while they still have capacity
• That the attorney will be able to act once the LPA is registered

Having a written capacity assessment on file is particularly important if the LPA might be challenged later. If a family member or other party disputes the validity of the LPA, the capacity assessment provides contemporaneous medical evidence that the donor had the requisite mental capacity at the time.

Can a Family Member Create an LPA on Someone Else's Behalf?

No. Only the donor can create their own LPA. A family member cannot sign the LPA on behalf of someone else, even with the best intentions. The donor must personally sign and understand the document when it is made.

This is one of the most important points for families to understand. If your parent or spouse has lost capacity, it is too late for them to create an LPA — a family member cannot do it for them. The only available route at that stage is deputyship through the Court of Protection.

What If Their Capacity Fluctuates Day to Day?

Many people with dementia have better and worse days. On a good day they may seem fully themselves; on a bad day they may struggle to follow a conversation. This fluctuating pattern raises important practical questions.

The good news is that under the Mental Capacity Act 2005, capacity is assessed at the specific time of making a decision. If a person has sufficient capacity at the moment they sign an LPA — even if they sometimes lack capacity on other days — the LPA can be valid. The key is careful timing and proper documentation.

• Schedule carefully — identify the time of day when the person is most alert (often mornings for many with dementia)
• Get a GP capacity assessment on the same day — or as close to signing day as possible, to provide a contemporaneous record of capacity
• Involve a professional certificate provider — their assessment of capacity at the moment of signing is a key safeguard
• Document everything — keep notes of the conversation, the questions asked, and the responses given

Alzheimer’s Society and Dementia UK both recommend seeking an LPA as early as possible after a dementia diagnosis, precisely because of the fluctuating nature of the condition. Their guidance is freely available on their websites and may help families navigate the process.

Early-Stage Dementia: There May Still Be Time

Many people with early-stage dementia retain sufficient mental capacity to create a valid LPA. In the early stages, memory lapses and confusion tend to be mild, and the person can often still understand complex concepts when they are explained clearly and at a suitable pace.

If your loved one has recently been diagnosed with dementia, acting quickly is important. Dementia is a progressive condition, and the window of opportunity to create an LPA will close as the condition advances. The sooner you begin the process, the more likely it is that the person will have sufficient capacity to complete it.

Practical steps to help include:

• Have the conversation about LPA at a time when the person is rested and alert
• Use clear, simple language and avoid legal jargon
• Allow plenty of time — do not rush the process
• Arrange a GP capacity assessment early, before the LPA is signed
• Consider using a professional LPA service to ensure the paperwork is correct first time, avoiding delays that could mean capacity is lost before registration

What If They Lack Capacity? The Court of Protection

If your loved one has already lost the mental capacity to create an LPA, the only option is to apply to the Court of Protection for a deputyship order. This is a formal court process that allows someone to be appointed as a deputy to make decisions on behalf of a person who lacks capacity.

The deputyship process is significantly more complex, expensive, and time-consuming than creating an LPA:

The deputyship application requires:

• A completed court application form (COP1)
• A medical assessment confirming incapacity (COP3)
• A deputy's declaration (COP4)
• Notification to all relevant family members, who have the right to object
• Payment of a security bond to protect the person's assets

Once appointed, a deputy must submit annual reports to the OPG and pay ongoing supervision fees for as long as the deputyship is in place. This is in stark contrast to an LPA, which has no ongoing reporting or fee requirements after registration.

Why Acting Early Matters

The single most important message for families affected by dementia is this: act as early as possible. Once mental capacity is lost, the opportunity to create an LPA is gone forever. The person can no longer choose who will manage their affairs or make decisions about their care — that choice falls to the court instead.

Acting early also means:

• The person with dementia gets to choose their own attorneys — people they trust
• They can include personal preferences and instructions in the LPA
• The family avoids the cost and stress of a court application
• Attorneys are in place and ready to act when the time comes
• Banks and financial institutions can be notified in advance

Supporting Someone Through the Process

If you are helping a loved one with dementia to create an LPA, your support can make all the difference. The process does not need to be overwhelming, but it does require patience and sensitivity. Here are some practical ways to help:

• Choose the right time: People with dementia often have better and worse times of day. Schedule important conversations and appointments for when they are most alert.
• Explain things simply: Break the LPA process into small, manageable steps. You do not need to explain everything at once.
• Be patient: Allow extra time for them to ask questions, think things over, and make their own decisions. The decision must be theirs, not yours.
• Involve their GP: A capacity assessment from their doctor provides reassurance for everyone and protects the validity of the LPA.
• Use a professional service: An LPA service can prepare the paperwork correctly, reducing the risk of errors that could delay registration.

The certificate provider who signs the LPA must confirm that, in their opinion, the donor understands the purpose and scope of the LPA and that no one is pressuring them into making it. If dementia is a factor, choosing a certificate provider who knows the donor well (such as their GP) can strengthen the LPA's validity.

The Role of the Certificate Provider

Every LPA must be signed by a certificate provider — an independent person who confirms that the donor understands what they are doing and is not being pressured or coerced. When the donor has dementia, the certificate provider's role is especially important.

A certificate provider must be either:

• Someone who has known the donor personally for at least two years, or
• A professional such as a GP, solicitor, social worker, or other qualified person

Where dementia is involved, using a professional certificate provider — ideally the donor's own GP or a solicitor experienced in mental capacity issues — adds an extra layer of protection. Their professional opinion carries significant weight if the LPA is ever questioned.

Your Questions Answered

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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