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Can Someone With Dementia Make an LPA?

Can Someone With Dementia Make an LPA?
The short answer:

Someone with dementia can still make an LPA, but only if they have the mental capacity to understand and decide what they’re signing when the LPA sent for registration at the OPG. Dementia affects people differently, and a diagnosis alone doesn’t mean someone has totally lost the ability to make their own legal decisions. Capacity is assessed at the time the LPA is signed, not by the name of the condition itself. If the person no longer understands what the LPA does or can’t make that decision themselves, it’s unfortunately no longer possible to create one, and loved ones will need to apply to the Court of Protection for deputyship instead.

Can Someone With Dementia Make an LPA? A diagnosis doesn’t necessarily automatically prevent someone from making an LPA. What matters is whether they have the mental capacity to understand what the LPA is, what powers it gives to their chosen attorneys and the consequences of making it at the time they sign the actual document. What this means in practice is many people in the early stages of dementia can still put an LPA in place using a service like Power of Attorney Online, provided they’re able to clearly make that decision on their own.

Dementia affects everyone differently

Receiving a dementia diagnosis is a huge thing for both an individual and their family.

But is it now too late to arrange a Lasting Power of Attorney?

Luckily, in many cases, it isn’t.

Some people continue managing their finances, making informed choices and living pretty independently for years after their initial diagnosis. Others experience changes in their decision-making ability much more quickly. There’s no single timeline, which is why it’s important to look at the person’s ability to make this particular decision at the time the documents are signed, rather than making assumptions based on the diagnosis itself.

A friend of mine used the gov.uk site directly. I went round to witness it and noticed they’d made lots of avoidable errors. Their LPA would almost certainly have been rejected by the OPG. Our system catches this before it ever gets sent.

Matt Cresswell, Power of Attorney Online

Mental capacity is about understanding the decision

The law doesn’t ask whether someone has dementia.

It asks whether they can understand the nature and effect of registering an LPA.

That means being able to understand what the document does, who they’re appointing as attorneys, what authority those attorneys will have if it comes to it and what it means for the future.

The person must also be able to communicate their decision, even if they need support to do so.

If they meet those requirements, they may still be able to make a valid LPA that’ll be recognised by the OPG.

Why it’s important not to delay

Conversations are postponed because they don’t want to upset a loved one or work under the assumption there’s still plenty of time to do something about it.

Unfortunately, dementia is a progressive condition.

The longer the decision is delayed, the greater the chance the person will eventually lose the capacity they crucially need to create an LPA.

Planning ahead while they’re still able to choose their own attorneys gives them control over who’ll help them if their condition worsens.

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OPG rejections

We check LPAs every day. Not one has been rejected by the OPG.

See exactly what our specialists check before each LPA is submitted.

What if it’s already too late?

If someone can no longer understand the decision to make an LPA, it can’t legally be created on their behalf.

In that situation, relatives don’t automatically gain the authority to manage finances or make important medical decisions.

Instead, the usual route to take is to apply to the Court of Protection to become a deputy. This process is more expensive, takes considerably longer and involves ongoing legal responsibilities along the way.

Planning while choices are still yours

At its heart, an LPA is about preserving your choices, not taking them away.

Making one after a dementia diagnosis can still be entirely appropriate, but only if the person has the mental capacity to make that decision. By acting sooner rather than later, they remain in control of who they trust, how they want important decisions handled on their behalf if necessary and how they can make life easier for the people around them if their needs changed for the worse in the future.

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What our clients say

Potato Salad
3 months ago
Fantastic service the application for Power of Attorney Online was clear, very easy to follow and understand, they were also available to answer any questions throughout the process including the signing order before posting.
Ron
3 months ago
Very satisfactory service overall.clear guidance throughout....amendments/ corrections dealt with promptly. I would thoroughly recommend this service.
Carol Squires
3 months ago
Found the application for the Power of Attorney Online clear and easy to follow with step by step instructions for every section required. Thought the cost was fair.
Alison Newell
3 months ago
Absolutely fantastic. A patient sense of calm, even when I messed up the forms with names. One fixed price with peace of mind that documents are correct before printing off and signing, to ensure all is correct before sending it off to register.
GILES SMITH
5 months ago
Highly recommend.

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