Power of attorney after a dementia diagnosis
A diagnosis is not the end of the chance to plan. If the person still understands the decision, a lasting power of attorney can still be made, and it matters to do it soon.
In short
You can still set up an LPA after a dementia diagnosis, as long as the person has the mental capacity to understand and make the decision. Dementia does not automatically remove capacity, particularly early on. Because capacity can change over time, it is important to act promptly. If capacity has already been lost, the only route is a Court of Protection deputyship.
Why timing matters
The earlier, the simpler
With dementia, understanding can change over time. Making the LPA while the person clearly understands it protects their wishes and makes the process far smoother.
How capacity is handled
An independent check, done with care
A certificate provider confirms the person understands the LPA and is making it freely. Where helpful, families also ask a doctor to record capacity at the time, which strengthens the LPA if it is ever questioned.
Frequently asked questions
Can you get power of attorney after a dementia diagnosis?
Yes, as long as the person still has the mental capacity to understand and make the decision. A diagnosis of dementia does not automatically remove capacity, especially in the earlier stages, so acting promptly is important.
What does mental capacity mean here?
It means the person can understand the decision to make an LPA, keep that information in mind, weigh it up, and communicate their choice. Capacity is specific to the decision and can vary, so it is assessed at the time of making the LPA.
Who confirms they have capacity?
The certificate provider, an independent person who signs the LPA, confirms the donor understands it and is not under pressure. For dementia, families sometimes also ask a doctor to record capacity, which can help if the LPA is ever questioned.
What if capacity has already been lost?
Then an LPA can no longer be made. A family member or friend must apply to the Court of Protection to become a deputy, which takes longer and costs more. This is why making an LPA soon after diagnosis is so valuable.
Is there any rush?
Yes, gently. Capacity can change over time with dementia, so the sooner the LPA is made while the person clearly understands it, the safer and simpler the process is for everyone.
LPASafe covers England and Wales only. Scotland and Northern Ireland use different systems. We are not a law firm and do not give legal advice. The LP1F and LP1H forms are available free on gov.uk.
Ready when you are
Plan while the window is open
If the person still understands the decision, we can help them set up both LPAs with care, at their own pace.