Can You Get Power of Attorney for Someone With Dementia?

Yes, a person with dementia can make a power of attorney if they still have the mental capacity to understand the decision and choose who they want to act for them. A diagnosis of dementia does not automatically mean that the person has lost capacity.

However, you cannot simply obtain power of attorney for a relative after they have lost the capacity to create one. If the person can no longer understand the nature and consequences of a Lasting Power of Attorney, their family may instead need to apply to the Court of Protection for legal authority to manage their affairs.

This distinction can be upsetting for families who are already coping with a dementia diagnosis. It is common to feel worried about bank accounts, bills, care decisions and what may happen in the future. The important thing is to establish what the person can understand now and then follow the appropriate legal route without making assumptions about their abilities.

At ASL Solicitors, we help individuals and families put Lasting Powers of Attorney in place while capacity remains. Where capacity has already been lost, we can advise on and assist with Court of Protection applications.

Can someone with dementia make a Lasting Power of Attorney?

A person with dementia can make a Lasting Power of Attorney, commonly called an LPA, provided that they have the mental capacity to make that particular decision at the time.

The person making the LPA is known as the donor. The donor must understand that they are giving one or more chosen attorneys legal authority to make certain decisions for them. They should also understand the nature of the powers being granted, when those powers may be used and the possible consequences of the arrangement.

It is the donor who makes the LPA. A spouse, adult child or other relative cannot create one on the donor’s behalf. The donor must also be acting freely, without pressure, coercion or undue influence.

Under the Mental Capacity Act 2005, a person should be presumed to have capacity unless it is established that they lack it. A dementia diagnosis on its own is therefore not enough to prevent someone from making an LPA.^[4]

What does mental capacity mean?

Mental capacity is the ability to make a particular decision at the time the decision needs to be made. Capacity is both decision-specific and time-specific. Someone may be able to make some decisions but not others, and their abilities may change from one day or time of day to another.

To have capacity to make an LPA, the person must be able to:

• understand the relevant information about the LPA and the authority it will give to the attorneys;
• retain that information for long enough to make the decision;
• use or weigh the information when deciding whether to proceed; and
• communicate their decision by speech, writing, signs or another method.

A person should not be treated as lacking capacity merely because they make a decision that relatives or professionals consider unwise. They must also be given appropriate help to understand the decision before anyone concludes that they cannot make it.^[5]

For example, it may help to discuss the LPA in a quiet and familiar place, use plain language, break the information into smaller sections or arrange the meeting at a time of day when the person is usually most alert. Hearing aids, glasses, interpreters and other communication support should be used where appropriate.

Physical ability to sign is not the same as mental capacity

Being able to physically sign a document does not by itself prove that someone has mental capacity. Equally, a physical condition that makes signing difficult does not necessarily mean that the person lacks capacity.

The important question is whether the person understands the LPA and is choosing to make it. The prescribed forms also contain procedures for donors who understand the document but cannot physically sign or make a mark. Because the signing requirements are strict, legal advice can be particularly helpful in these circumstances.

The two types of Lasting Power of Attorney

In England and Wales, there are two separate types of LPA. A person can make either one or both:

• Property and Financial Affairs LPA: This can authorise attorneys to manage matters such as bank accounts, household bills, pensions, investments, tax and the buying or selling of property.
• Health and Welfare LPA: This can cover decisions about medical treatment, daily care, where the person lives and, where expressly authorised, life-sustaining treatment.

A Health and Welfare LPA can only be used when the donor lacks capacity to make the relevant health or welfare decision. A registered Property and Financial Affairs LPA can, depending on how it has been completed, be used with the donor’s permission while the donor still has capacity. It can then continue to be used if capacity is later lost.^[6]

For someone in the early stages of dementia, it will often be sensible to consider both types. Financial authority alone does not allow an attorney to make decisions about medical care or living arrangements.

What is the process if the person still has capacity?

If the person still understands the decision, an LPA can be prepared in the usual way. They will need to select their attorneys and decide whether the attorneys should act jointly, jointly and severally, or in a combination of those arrangements.

The donor can also include preferences and legally binding instructions. These may address how attorneys should manage investments, whether they should consult particular family members or how the donor would prefer decisions about care to be approached.

An independent certificate provider must confirm that the donor understands the significance of the LPA, is making it freely and is not being subjected to fraud or undue pressure. The certificate provider may be someone who has known the donor well for at least two years or a suitably qualified professional, subject to the eligibility rules.^[7]

The forms must be signed in the correct order by the donor, certificate provider, attorneys and witnesses. The completed LPA must then be registered with the Office of the Public Guardian before it can be used.

As of August 2026, the government registration fee is £92 for each LPA, although fee reductions or exemptions may be available. The Office of the Public Guardian advises that registration normally takes around eight to ten weeks where there are no errors or objections.^[6]

What if capacity is uncertain or fluctuates?

Dementia can affect people in different ways. Capacity may fluctuate, particularly during the earlier stages of the condition or where illness, tiredness, medication, anxiety or an unfamiliar environment affects the person’s concentration.

If there is doubt, the person should not automatically be treated as incapable. It may be appropriate to arrange the discussion for a better time or obtain an assessment from a GP, psychiatrist, memory clinic professional or another suitably qualified practitioner.

A solicitor may also assess whether a client appears to understand the legal document they are making. Where the position is uncertain or there is a risk of a future dispute, medical evidence can provide valuable support for the validity of the LPA.

It is generally better to seek advice promptly rather than repeatedly postponing the conversation. Dementia is progressive in many cases, and a person who can make an LPA today may not retain the necessary capacity indefinitely.

What happens if the person has already lost capacity?

If the person no longer has the mental capacity to understand and create an LPA, it is too late to make a new one. A relative cannot sign the form for them or arrange for the power to be backdated.

The first step should be to check whether the person previously made an LPA or an older Enduring Power of Attorney. If a valid document already exists, the appointed attorneys may be able to use or register it.

If there is no valid power of attorney, an application may need to be made to the Court of Protection. This specialist court has authority under the Mental Capacity Act 2005 to make decisions for people who lack capacity and to appoint deputies to make specified decisions on their behalf.^[8]

What is a Court of Protection deputy?

A deputy is appointed by the Court of Protection rather than chosen through an LPA. The court order states which decisions the deputy is authorised to make.

Most deputyship applications concern property and financial affairs. A financial deputy may be authorised to pay bills, operate accounts, deal with pensions, manage investments or sell property where this is necessary for the person’s benefit.

Personal welfare deputies can also be appointed, but the court does not routinely grant broad welfare powers. It will usually consider whether a specific decision or a more limited order would be sufficient. Ongoing welfare deputyship may be considered where repeated decisions are required or where there is disagreement about the person’s care, treatment or living arrangements.

Deputies must act within the court order, follow the Mental Capacity Act principles and make decisions in the person’s best interests. A property and financial affairs deputy will normally be supervised by the Office of the Public Guardian, may need to arrange a security bond and must submit reports explaining the decisions made.

The application process is generally more involved than making an LPA. It usually requires formal court documents, evidence about the person’s capacity, financial information and details about the proposed deputy. The Court of Protection Rules 2017 govern the procedure followed by the court.^[9]

At ASL Solicitors, we help families prepare and submit Court of Protection and deputyship applications. We can also provide ongoing advice about a deputy’s duties after an appointment has been made.

Does a spouse or next of kin have automatic authority?

No. Being married to someone, living with them or being recorded as their next of kin does not automatically provide legal authority to access their sole bank accounts, sell their property or make every medical and care decision for them.

Healthcare professionals should consult people who know the patient well when making best-interests decisions. However, consultation is not the same as giving a relative unrestricted decision-making authority.

Joint bank accounts can also become complicated if one account holder loses capacity. Families should not assume that joint ownership will provide a complete alternative to an LPA or deputyship.

What is an Enduring Power of Attorney?

Enduring Powers of Attorney, known as EPAs, were replaced by Property and Financial Affairs LPAs in England and Wales on 1 October 2007. A new EPA can no longer be made, but an EPA validly signed before that date may still be used.

An EPA only covers property and financial affairs. It does not give authority over health and welfare decisions. If the donor is losing or has lost mental capacity, the attorney must apply to register the EPA with the Office of the Public Guardian.^[10]

The main laws and regulations in England and Wales

Mental Capacity Act 2005

The Mental Capacity Act 2005 is the main legislation governing mental capacity, LPAs, the Court of Protection and deputyship in England and Wales. Sections 1 to 4 contain the statutory principles, capacity test and best-interests framework. Sections 9 to 14 govern LPAs, while sections 15 to 21 address the powers of the Court of Protection and the appointment of deputies.^[4]

The Act is built around five central principles. Capacity must be presumed unless shown otherwise. A person must receive practicable support before being treated as unable to decide. An unwise decision does not itself prove incapacity. Decisions made for someone who lacks capacity must be in their best interests. Any intervention should also be the least restrictive effective option.

Mental Capacity Act Code of Practice

The Code of Practice explains how the Mental Capacity Act should be applied in practice. Attorneys, deputies, health and social care professionals and others carrying out relevant functions must have regard to the Code.^[11]

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

These regulations set out important procedural requirements concerning the prescribed LPA forms, signing, notification, registration, objections and the work of the Public Guardian. The regulations have been amended over time and should be read alongside the Mental Capacity Act and current Office of the Public Guardian forms and guidance.^[12]

Court of Protection Rules 2017

The Court of Protection Rules 2017 regulate how applications and proceedings are handled. They address matters such as starting an application, serving documents, evidence, hearings, costs and the court’s case-management powers.^[9]

Powers of Attorney Act 2023

The Powers of Attorney Act 2023 provides the legislative basis for a future modernised LPA system, including a new digital route and an improved paper process. However, the Office of the Public Guardian’s July 2026 annual report stated that work was still being undertaken on service design, legislative changes and future live testing. Families should therefore continue to follow the current Office of the Public Guardian process and forms unless updated arrangements have formally been introduced.^[13]

Are the rules the same throughout the UK?

No. Power of attorney law is not uniform throughout the United Kingdom. The LPA and Court of Protection system explained above applies to England and Wales.

In Scotland, the relevant legislation is the Adults with Incapacity (Scotland) Act 2000. A person with capacity may grant a continuing power of attorney for financial or property matters and a welfare power of attorney for personal welfare decisions. The document must be certified and registered with the Scottish Office of the Public Guardian. If capacity has already been lost and no suitable power exists, a guardianship or intervention order may be required.^[14]

In Northern Ireland, the established arrangement for financial and property matters is an Enduring Power of Attorney under the Enduring Powers of Attorney (Northern Ireland) Order 1987. If no valid EPA exists and the person can no longer manage their financial affairs, an application may be required for the appointment of a controller through the Office of Care and Protection.^[15]

Anyone living outside England and Wales should obtain advice based on the law in their own part of the UK.

What should families do now?

The appropriate next step depends on whether the person can still understand and make the relevant decision. A practical approach is to:

• check whether an existing LPA or EPA has already been made;
• avoid assuming that a dementia diagnosis automatically means incapacity;
• arrange a sensitive discussion at a time and place where the person is most comfortable;
• make and register the appropriate LPAs promptly if capacity remains; or
• seek advice about a Court of Protection application if capacity has already been lost.

Try to involve the person as much as possible. Even if they cannot make one particular decision, they may still be able to express wishes, preferences and feelings that should influence what happens next.

How many people are living with dementia in the UK?

Dementia affects a significant and growing number of families. Research commissioned by Alzheimer’s Society estimated that approximately 982,000 people were living with dementia in the UK in 2024. This is projected to rise to around 1.4 million people by 2040.^[1]

The increase is closely connected to the ageing of the UK population. The Office for National Statistics recorded a mean UK age of approximately 41.4 years in 2024 and projects that it could rise to approximately 45.6 years by 2049 under its principal population projection.^[2]

The number of people reaching much older ages is also expected to rise considerably. There were approximately 1.75 million people aged 85 or over in the UK in mid-2024. The Office for National Statistics projects that this could more than double to around 3.6 million by mid-2049. The number of people of pensionable age is also projected to increase from 12.4 million in 2024 to 14.2 million in 2034.^[3]

These figures do not mean that dementia is an inevitable part of growing older. However, they do show why more people are considering future decision-making arrangements before an illness or injury affects their ability to manage their own affairs.

Planning ahead where dementia runs in the family

You do not need a dementia diagnosis to make an LPA. An LPA is a form of forward planning that can be useful following many different illnesses, accidents or changes in circumstances.

For someone with a family history of dementia, preparing LPAs can provide reassurance that trusted people will be able to help if capacity is affected in the future. It also gives the person an opportunity to discuss their priorities while they can clearly explain how they would like financial, medical and care decisions to be approached.

Making an LPA does not take control away from the donor. While they retain capacity, they remain entitled to make their own decisions. The arrangement provides a legal safety net if support is needed later.

How ASL Solicitors can help

At ASL Solicitors, we understand that conversations about dementia and mental capacity can be emotional. Families are often trying to protect someone they love while also dealing with uncertainty about care, money and the future.

We provide clear and compassionate advice about making and registering Lasting Powers of Attorney. We can help you choose the appropriate documents, record instructions and preferences, follow the signing requirements and reduce the risk of registration delays.

Where the person has already lost capacity, we can advise on Court of Protection applications, including applications to appoint a property and financial affairs deputy.

We are based in Rochdale and support individuals and families across Rochdale, Manchester, Greater Manchester and surrounding areas. To discuss your circumstances in confidence, please get in touch with ASL Solicitors.

Frequently asked questions

Can a person with dementia make a Lasting Power of Attorney?

Yes. A person with dementia can make an LPA if they still understand the document, the powers they are granting and the consequences of their decision. A dementia diagnosis does not automatically remove mental capacity.

Can I get power of attorney after my parent has lost capacity?

You cannot create an LPA on your parent’s behalf after they have lost the capacity to make one. You may instead need to apply to the Court of Protection for a deputyship order or a one-off decision.

Who decides whether someone with dementia has capacity?

Capacity is assessed in relation to the particular decision. A solicitor may assess understanding when preparing an LPA, and evidence may also be obtained from a GP, psychiatrist or another suitably qualified healthcare professional where there is uncertainty.

Can someone have capacity on one day but not another?

Yes. Capacity can fluctuate. The person may understand a decision at certain times but struggle when tired, unwell, anxious or affected by medication. They should be supported and, where possible, assessed at the time when they are most able to participate.

Does next of kin have power of attorney?

No. Being someone’s next of kin does not automatically provide legal authority to manage their bank accounts, property or all health and welfare decisions. Formal authority usually comes from an LPA, EPA, deputyship order or another court order.

Should someone with dementia make both types of LPA?

Making both types will often provide broader protection. A Property and Financial Affairs LPA covers money and property, while a Health and Welfare LPA covers care, treatment and living arrangements. One type does not provide the powers covered by the other.

Can an attorney decide where a person with dementia lives?

A Health and Welfare attorney may be able to make decisions about living arrangements when the donor lacks capacity, provided the decision falls within the LPA and is made in the donor’s best interests. Disagreements or restrictions involving deprivation of liberty may require separate legal consideration.

How long does it take to register an LPA?

As of August 2026, the Office of the Public Guardian advises that registration normally takes approximately eight to ten weeks if the application is completed correctly and no objections are raised.

Is a Court of Protection deputy the same as an attorney?

No. An attorney is chosen by the donor through a power of attorney while the donor has capacity. A deputy is selected and appointed by the Court of Protection after the person lacks capacity to make the relevant decisions.

Is it too early to make an LPA if dementia runs in my family?

No. Adults can make LPAs as part of ordinary future planning. You do not need to have dementia or another medical diagnosis. Preparing them early allows you to choose trusted attorneys and record your wishes while there is no question about your ability to do so.

This article provides general information about the law as of August 2026. It does not constitute legal advice about an individual person’s capacity or circumstances.