Can You Make an LPA After Losing Capacity?

03rd July 2026

Can You Make an LPA After Losing Capacity? The answer honestly depends on whether the person still has the mental capacity to understand and make the decision to create an LPA. A diagnosis of dementia or memory problems don’t automatically prevent someone from making an LPA. What matters is whether they can understand what the document does at the precise time they sign it. Once someone has lost the mental capacity to make that decision, it’s no longer possible to create an LPA, and families will likely instead need to apply to the Court of Protection for deputyship.

Losing capacity isn’t always a clear moment

Many people picture losing mental capacity as a single event that when it happens, it happens.

In reality, it’s often a gradual process.

Someone may begin forgetting appointments, repeating conversations or needing help with everyday tasks, while still fully understanding important decisions about their future.

This is why families are often unsure whether it’s too late to arrange for an LPA to be put in place.

The key point for us all to understand is that capacity is specific to the decision being made. A person doesn’t have to manage every aspect of their life independently to be capable of willingly making an LPA.

A diagnosis doesn’t automatically prevent an LPA

One of the biggest misconceptions is that a diagnosis of dementia means an LPA can no longer be made and that’s it.

That just isn’t correct.

Many people, like my dad in the early stages of his dementia, were perfectly able to understand what an LPA does and who they want to appoint as their attorneys.

The law focuses on whether they can understand, retain, weigh up and communicate the decision at the time the document is completed. That is the test.

This is why it’s important not to assume it’s already too late to do one, without seeking appropriate guidance.

Why acting sooner is always better

Although it may still just about be possible to make an LPA after memory problems begin, waiting definitely creates uncertainty.

As a condition progresses, there may come a point where the person can no longer demonstrate the understanding needed to make such an important legal decision.

At that stage, the opportunity to make an LPA has, unfortunately, gone.

Families often tell us they wish they had started the conversation sooner, while everything felt less urgent and decisions were easier to make as a team together.

What happens if it’s too late?

If someone no longer has the mental capacity to create an LPA, family members can’t simply complete one on their behalf. It doesn’t work like that.

Instead, anyone who needs legal authority to manage finances or make certain decisions usually has to apply to the Court of Protection to become a deputy.

This process is generally slower, more expensive and involves ongoing supervision that wouldn’t usually apply to an attorney acting under a registered LPA.

Simply, planning ahead gives everyone more certainty

An LPA is one of those documents that’s easiest to put in place before it’s needed, especially when using a service like Power of Attorney Online.

Making one early allows the person to choose who they trust, explain any preferences they have and give their family confidence that everything is ready if circumstances change.

If you’ve started to notice memory problems, increasing confusion or other signs that someone’s decision-making may be in the process of changing, it’s sensible to explore an LPA sooner, rather than later. Even if they’ve begun losing capacity in some areas, they may still be able to make this one, big important decision while they fully understand what it means.