Can someone with dementia still make a lasting power of attorney?

Short answer

Yes, provided they still have mental capacity when the LPA is made. A dementia diagnosis does not automatically mean capacity is lost — it is assessed at the time of signing, and a GP or solicitor can certify it. But capacity can decline, so act quickly: once it is lost, it is too late.

A diagnosis of dementia does not, by itself, prevent someone making a lasting power of attorney (LPA). What matters is mental capacity at the time the document is made — the ability to understand what an LPA is and what appointing an attorney means. Many people retain that capacity for a considerable time after diagnosis, and a GP or solicitor can provide a certificate confirming capacity, which is valuable protection if the LPA is ever questioned later.

The crucial point is timing. Capacity is not a one-off test that dementia fails; it can fluctuate and it declines. Once someone no longer has capacity, they can no longer make an LPA at all — so acting promptly after a diagnosis is one of the most important planning steps a family can take.

What to put in place

There are two types of LPA: Property & Financial Affairs, and Health & Welfare. Most people benefit from making both.
You can appoint more than one attorney, acting jointly, jointly and severally, or a mix — which builds in a backup.
Each LPA must be registered with the Office of the Public Guardian before use. Registration costs £82 per document (2025/26), with fee remission for people on certain benefits, and can be done online or by paper form.
Attorneys must act in the person's best interests and follow the Mental Capacity Act 2005.

If capacity has already been lost

When it is too late for an LPA, the family's route is an application to the Court of Protection for a deputyship — the court appoints someone (often a family member) to make decisions on the person's behalf. Deputyship works, but it is slower, more expensive, and more heavily supervised than an LPA, which is exactly why making LPAs early is so strongly encouraged. Note that LPAs are valid in England and Wales only; Scotland and Northern Ireland have their own equivalents, so separate documents may be needed if there are assets elsewhere.

Read the full guide: Lasting Power of AttorneyCovers eligibility, the process, deadlines, and next steps in depth.

Related guides

Dementia Care Planning

Planning ahead is especially important for people with dementia because capacity is lost progressively. Acting early — while the person still has capacity to make decisions — allows them to put in place the legal documents, express their wishes, and plan the care they want. This guide covers the key steps in dementia care planning.

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Court of Protection Basics

The Court of Protection is a specialist court in England and Wales that deals with matters affecting adults who lack or may lack mental capacity. It can make declarations about capacity, authorise decisions about property, finances, health, and welfare, and appoint deputies to make ongoing decisions on someone's behalf.

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Deputyship: When Someone Cannot Manage Affairs

If someone loses mental capacity without having made a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA), and decisions need to be made about their finances or welfare on an ongoing basis, it may be necessary to apply to the Court of Protection to appoint a deputy.