If your mum or dad has just been diagnosed with dementia, one of the most useful things you can do is help them make lasting powers of attorney, quickly. A diagnosis doesn't automatically mean it's too late.
Capacity is about the decision, not the diagnosis
Under the Mental Capacity Act, someone has capacity to make a decision if they can understand the relevant information, retain it long enough, weigh it up and communicate their decision. Many people with early dementia can still understand what an LPA is and who they want to act for them.
Act on a good day
- Talk to them about it calmly, at a time of day when they're at their best.
- Use a professional certificate provider if there's any doubt about capacity. It protects everyone.
- Make both types of LPA, and check whether their will is up to date too.
- Register the LPAs straight away. They can't be used until registered.
If it really is too late
Your family will need to apply to the Court of Protection for a deputyship to manage their money. It takes months and costs much more. See the difference.
Worried about care fees too?
See Care Fees Guide for what care costs and who pays.
Time matters. A specialist can visit and assess quickly. Request a call back.
Frequently asked questions
Can someone with dementia sign an LPA?
Often, yes, especially in the earlier stages. They must understand what the LPA is, what it allows their attorneys to do and the effect of making it. A certificate provider confirms this.
Who can be a certificate provider?
Someone who has known the person well for at least two years, or a professional such as a doctor or solicitor. In borderline cases a professional is usually better.
What if they can't make an LPA?
You'll usually need to apply to the Court of Protection to become their deputy for property and financial affairs.
Can I sign it for them?
No. Only the person making the LPA can sign it, or someone directed by them in their presence if they physically can't. Signing for someone without authority can be a criminal offence.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.