LPAs for People With Disabilities
A disability does not mean you lack mental capacity. Here’s how the LPA process works and what support is available.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
One of the most damaging assumptions in legal planning is that people with disabilities cannot make their own decisions. The law in England and Wales says the opposite. The Mental Capacity Act 2005 starts from the principle that every adult has capacity unless it is specifically proved otherwise — and having a disability is not proof.
At a glance
- A disability does not mean you lack mental capacity — the law presumes capacity unless proved otherwise
- Physical and sensory disabilities have no bearing on capacity; reasonable adjustments must be made to enable participation
- Many people with learning disabilities can create a valid LPA with appropriate support
- If someone has never had capacity, the only route is a Court of Protection deputyship order
Disability Does Not Mean Lack of Mental Capacity
This is the single most important point in this guide. A Lasting Power of Attorney requires the person creating it (the donor) to have mental capacity at the time they make and sign the document. But capacity is assessed on a decision-by-decision basis — it is not a blanket judgement based on a diagnosis or disability.
Under the Mental Capacity Act 2005, there are five key principles. The first two are especially relevant here:
- Presumption of capacity — every adult is assumed to have capacity unless it is established otherwise
- Right to support — all practicable steps must be taken to help a person make their own decision before concluding they cannot
What this means in practice is that a person with a physical disability, sensory impairment, learning disability, or mental health condition may have full capacity to create an LPA. The question is not “do they have a disability?” but “do they understand what an LPA is, what powers it gives, and what the consequences are?”
Key point: No one should be prevented from creating an LPA simply because they have a disability. The law requires that support is provided to help them make their own decision wherever possible.
Physical and Sensory Disabilities
Physical disabilities — including mobility impairments, visual impairments, hearing loss, and conditions affecting speech — have no bearing on mental capacity. A person who uses a wheelchair, is blind, deaf, or has limited speech can create a perfectly valid LPA.
The key is making reasonable adjustments so the person can fully participate in the process. Examples include:
- Visual impairments — providing documents in large print, Braille, or reading the LPA aloud
- Hearing impairments — using a British Sign Language interpreter during discussions with the certificate provider
- Speech difficulties — allowing extra time, using communication aids, or working with a speech and language therapist
- Limited mobility or dexterity — if you cannot sign your name, you can make a mark or direct someone to sign on your behalf in your presence
The certificate provider should note on the form what adjustments were made. This creates a clear record that the donor understood the LPA and participated fully, which protects the document from later challenge.
Cognitive and Learning Disabilities
The position is more nuanced for people with cognitive impairments or learning disabilities, but the starting point is the same: capacity is presumed unless proved otherwise. Many people with mild to moderate learning disabilities can create a valid LPA with appropriate support.
To have capacity to create an LPA, a person needs to understand:
- What an LPA is and what it does
- Who they are appointing as their attorney and what powers that person will have
- That they can set conditions or restrictions
- That they can revoke the LPA while they still have capacity
If there is any doubt, a professional capacity assessment from a GP or psychologist is strongly recommended. This provides written evidence that the donor had capacity at the time of signing, which protects the LPA if it is ever questioned.
Our guide on LPAs for someone with dementia covers a related situation where capacity may be fluctuating or declining.
Supported Decision-Making and Reasonable Adjustments
The Mental Capacity Act is clear: before anyone concludes that a person lacks capacity, all practicable steps must be taken to help them make the decision themselves. This is sometimes called “supported decision-making” and it applies directly to the LPA process.
In practice, this might mean:
- Explaining the LPA in simple, everyday language rather than legal terms
- Using visual aids, easy-read documents, or pictures to support understanding
- Breaking the process into smaller steps over multiple sessions
- Choosing a time of day when the person is most alert and comfortable
- Having a trusted support person present (as long as they are not an attorney or anyone who might influence the decision)
- Using an independent mental capacity advocate (IMCA) where appropriate
The goal is always to enable the person to make their own decision. An LPA created with proper support is every bit as valid as one created without it.
The Certificate Provider's Role in Confirming Capacity
Every LPA needs a certificate provider — an independent person who confirms that the donor understands the LPA and is not being pressured into making it. When the donor has a disability, choosing the right certificate provider is especially important.
For someone with a cognitive or learning disability, a professional certificate provider is often the best choice. This might be:
- The donor’s GP or consultant
- A psychologist who has assessed the donor’s capacity
- A solicitor with experience in mental capacity law
- A registered social worker
A professional certificate provider adds credibility to the LPA and makes it much harder for anyone to challenge it later on the grounds that the donor lacked capacity. If reasonable adjustments were used during the process, the certificate provider should note this.
Choosing the Right Attorney
Choosing who will act as your attorney is important for everyone, but it can carry extra weight for people with disabilities. The person you appoint should be someone who:
- Understands your condition and how it affects your daily life
- Respects your independence and will always act in your best interests
- Knows your wishes, values, and preferences
- Is willing to advocate for you with doctors, care providers, and financial institutions
For a Health and Welfare LPA, this might be a family member or carer who knows your medical history and care needs. For a Property and Financial Affairs LPA, it might be someone with good financial skills who can manage benefits, bills, and savings on your behalf.
Our guide on how to choose the right attorney covers this in more detail.
When an LPA Is Not Possible: Deputyship
In some cases, a person’s disability means they have never had the mental capacity to create an LPA — for example, someone with a severe learning disability from birth who cannot understand the concept of an LPA and its consequences.
In these situations, the only option is for someone to apply to the Court of Protection for a deputyship order. A deputy is appointed by the court to make decisions on the person’s behalf, with ongoing supervision by the Office of the Public Guardian.
Deputyship is more expensive than an LPA (typically over £1,000 to set up, plus annual supervision fees) and gives the person less control over who is appointed. This is why, wherever possible, it is better to create an LPA while the person has capacity to do so — even if that capacity needs to be supported.
If you are unsure whether a family member with a disability has capacity to create an LPA, a professional capacity assessment is the best first step. The answer may be more positive than you expect.
How to Get Started
If you have a disability and want to create an LPA, the process is the same as for anyone else — with adjustments where needed:
Get a capacity assessment if needed
If there is any doubt about your capacity, ask your GP for a formal assessment. This protects your LPA from future challenge.
Choose your attorneys
Pick people who understand your needs, respect your independence, and are willing to act in your best interests.
Choose a certificate provider
A professional certificate provider (GP, solicitor, or social worker) is recommended if there is any complexity around capacity.
Complete and sign the LPA
With any reasonable adjustments in place, complete the forms and sign in the correct order. The £92 registration fee applies per LPA.
Whatever your circumstances, our guided LPA service helps you create the right documents. See pricing for details.
Key Takeaways
- Capacity is assessed per decision, not per diagnosis — someone may have capacity to create an LPA even if they lack capacity for other complex decisions
- The law requires support before concluding someone lacks capacity — simple language, visual aids, extra time, and familiar environments must all be tried first
- If you cannot physically sign, alternatives exist — you can make a mark or direct someone to sign on your behalf in your presence
- A professional certificate provider strengthens the LPA — a GP, psychologist, or solicitor can confirm capacity and make the document harder to challenge
- An LPA costs £92 to register; deputyship costs over £1,000 — wherever possible, creating an LPA while capacity exists is the better route
Common Questions About LPAs and Disabilities
Does having a disability mean I lack mental capacity?
No. A disability — whether physical, sensory, or cognitive — does not automatically mean you lack mental capacity. Under the Mental Capacity Act 2005, capacity is assessed for each specific decision at the time it needs to be made. Many people with disabilities have full capacity to create an LPA.
Can someone who is deaf or blind create an LPA?
Yes. Physical and sensory disabilities do not affect mental capacity. Reasonable adjustments should be made — for example, using a sign language interpreter, providing documents in large print or Braille, or reading the LPA aloud. The certificate provider should note any adjustments made.
What if I can understand the LPA but cannot physically sign it?
If you cannot sign your name, you can make a mark (such as an X) or direct someone else to sign on your behalf in your presence. This must be witnessed and the circumstances noted on the form.
Can a person with a learning disability create an LPA?
It depends on whether they have the mental capacity to understand what an LPA is, what powers it gives, and the consequences of creating it. Many people with mild to moderate learning disabilities can create a valid LPA with appropriate support. A professional capacity assessment is recommended if there is any doubt.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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