Lasting Power of Attorney for Dementia: Early Planning Guide
A lasting power of attorney gives you legal authority to make decisions for your parent if dementia affects their mental capacity. Many families wait until a crisis hits before considering this essential document, then discover they cannot apply once their parent lacks capacity. An LPA for dementia care must be registered while your parent can still understand and consent to the arrangement. You need to understand the process, timing, and different types available before your parents’ condition progresses.
When can I still get lasting power of attorney sorted
Your parent must have mental capacity when you apply for a lasting power of attorney
This means they need to understand what an LPA is, why they might need one, and what powers they are giving you. Early-stage dementia does not automatically mean someone lacks the capacity for legal decisions. The GP or solicitor will assess whether your parent understands the document they are signing.
Once capacity is lost, you cannot get an LPA and must apply for deputyship through the Court of Protection instead.
Acting early protects both your parent’s wishes and your ability to help them
Which type of LPA do I need for dementia care?
You need both a health and welfare LPA, plus a property and financial affairs LPA
The health and welfare LPA covers care decisions, medical treatment, and where your parent lives. The property and financial affairs LPA handles bank accounts, benefits, bills, and the sale of property. Most families affected by dementia need both types because the condition affects all areas of life. You can apply for both simultaneously using the same application process.
Financial LPA can be used immediately once registered, but health LPA only when your parent lacks capacity.
Two separate documents give you complete authority when you need it most
What this means for you
Start the LPA process now if your parent can still understand what they are signing. Book a GP assessment to confirm mental capacity if you are unsure. Apply for both health and financial LPAs together to save time and paperwork. The application costs £82 per LPA and takes 8-10 weeks to register. Get legal advice if family members disagree about who should be the attorney.
See our Stage 1 early signs guide
Frequently asked questions
- Can I get lasting power of attorney if my parent has early dementia?
- Yes, if your parent still has the mental capacity to understand what they are agreeing to. Early dementia diagnosis does not automatically mean loss of capacity. A GP, solicitor, or psychiatrist can assess whether your parent understands the LPA process and its implications.
- How much does lasting power of attorney cost for dementia families?
- The application fee is £82 per LPA document. You need both health and financial LPAs for dementia care, so the total cost is £164. Solicitor fees add £300-800 if you use legal help. Some families qualify for reduced fees if receiving certain benefits.
- What happens if I don’t get an LPA before my parent loses capacity?
- You must apply for deputyship through the Court of Protection. This costs £371 application fee plus annual supervision fees. The process takes 4-6 months and requires detailed financial reporting. Deputyship gives similar powers but with more court oversight.
- Can other family members object to my LPA application?
- Yes, family members can object during the registration period. The Office of the Public Guardian investigates objections and may refuse registration if concerns are valid. Choose your attorneys carefully and discuss the decision with close family beforehand.
