Dementia and Power of Attorney: Why Early Action is Vital

When a loved one is diagnosed with dementia, planning ahead becomes essential. One of the most common questions we hear is: 

 

“Can you get Power of Attorney after a dementia diagnosis?” 

The answer is yes, but only if the person still has mental capacity. That’s why acting early is so important. 

 

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: 

• Property and Financial Affairs LPA – for managing money, property, and bills. 

• Health and Welfare LPA – for decisions about care, medical treatment, and living arrangements. 

Without an LPA, families often face delays and stress when trying to make decisions for a loved one. 

 

Dementia is progressive. While someone may manage everyday tasks early on, decision-making capacity declines over time. Setting up an LPA early ensures: 

• Your wishes are respected. 

• Your family avoids costly and stressful Court of Protection applications. 

• Decisions can be made quickly when needed. 

 

Real-Life Case Study: Acting Too Late 

Mary was diagnosed with dementia at 78. Her family assumed they had time to arrange an LPA. By the time they acted, Mary could no longer understand the forms. The family had to apply to the Court of Protection, costing over £3,000 and taking six months—during which they couldn’t access her bank account to pay for care. 

 

Real-Life Case Study: Acting Early 

John, 72, set up both LPAs shortly after his diagnosis. When his condition worsened, his daughter seamlessly managed his finances and arranged care according to his wishes. No delays, no court costs, and peace of mind for everyone. 

 

Why Use a Professional? 

While you can complete LPA forms yourself, mistakes are common: 

• Incorrect signing order can invalidate the document. 

• Missing witness details or restrictions can cause rejection. 

• Failure to register with the Office of the Public Guardian means the LPA isn’t legally valid. 

A professional ensures: 

• Accuracy and compliance with legal requirements. 

• Tailored advice on wording preferences and safeguarding clauses. 

• Peace of mind that your LPA will work when needed. 

 

FAQs People Ask 

Q: Can someone with early-stage dementia still make an LPA? 

Yes, as long as they understand what they’re signing, can balance their options and retain the information. Early action is key. 

Q: What happens if there’s no LPA? 

The Court of Protection may appoint a deputy which is costly, time-consuming, and stressful. 

Q: How much does it cost? 

Registration is £92 per LPA, plus any professional fees for advice and drafting. 

 

Ready to Protect Your Future? Act Today 

Don’t wait until it’s too late. Setting up a Lasting Power of Attorney for dementia is one of the most important steps you can take to safeguard your wishes and ease the burden on your loved ones.