This guide explains Lasting Powers of Attorney in England and Wales in plain English. It is not legal advice. The official forms and the GOV.UK online service are free. Settle is not connected to the Office of the Public Guardian or GOV.UK.
Dementia, mental capacity and making a Lasting Power of Attorney
Checked against the Mental Capacity Act 2005 ss.1–3, GOV.UK deputyship guidance and the charity pages named below on 18 October 2026.
Quick answer
A diagnosis such as dementia does not, on its own, mean someone lacks capacity. Under the Mental Capacity Act, capacity is about a particular decision at a particular time, and the law says a person must be assumed to have capacity unless it is shown that they lack it. So a diagnosis is not, by itself, a reason to assume it's too late. Whether a particular person can make one is not something a website, a checklist or a family member can decide. If you're unsure, talk to their GP or another suitable professional.
- The donor must have mental capacity when they make the LPA.4
- Capacity is decision-specific and time-specific. Someone may be able to make one decision and not another, or be able to on one day and not another.2
- Settle can't assess capacity, and neither can any online tool.
- If an LPA is no longer possible, the usual route is deputyship through the Court of Protection.7
If someone you love has just been diagnosed, it's natural to wonder whether it's "too late". A diagnosis on its own doesn't answer that question. This page explains how the law thinks about capacity, without pretending to test it, and what you can do next.
How the law thinks about capacity
The Mental Capacity Act 2005 sets out a few principles that matter here:
- Capacity is presumed. "A person must be assumed to have capacity unless it is established that he lacks capacity."1
- Help must be given first. A person isn't treated as unable to make a decision unless all practicable steps to help them have been taken without success.1
- Unwise isn't the same as incapable. Someone shouldn't be treated as unable to decide just because they make an unwise decision.1
- A diagnosis alone doesn't decide it. A lack of capacity "cannot be established merely by reference to" a person's condition.2
- It's about this decision, now. Capacity is judged "in relation to a matter" and "at the material time".2
The Act also explains what being unable to make a decision means. Someone is unable to make a decision if they can't understand the relevant information, retain it, use or weigh it, or communicate their decision. Information must be explained in a way that suits them, and retaining it only for a short time doesn't by itself rule them out.3
This is an explanation, not a test. Please don't use the list above to decide whether someone can make an LPA. That judgement needs a person who can talk with the donor directly: the certificate provider when the LPA is signed, and the donor's GP or another suitable professional if there is any doubt. Settle can't assess capacity, and nothing online can.
If someone has a diagnosis and wants to make an LPA
These are practical steps, not a judgement about capacity.
- Talk about it soon and gently. Choose a time of day when the person is usually at their best. The law expects information to be explained in a way that suits them.3
- Let the donor lead. The choices of attorneys, replacements and wishes must be theirs.
- Choose the certificate provider carefully. They can be someone who has known the donor personally for at least 2 years, or someone with relevant professional skills, such as the donor's GP or another registered healthcare professional, a solicitor, a registered social worker or an IMCA. A professional may charge.65
- Allow a private conversation. LP12 says the certificate provider should, if possible, discuss the LPA with the donor in private.5
- If you're unsure, ask first. Speak to the donor's GP, their memory clinic, or a solicitor before the forms are signed. It's much easier to get advice before signing than to deal with questions afterwards.
- Apply to register promptly. If the donor later loses capacity, mistakes in the LPA can't be put right, and OPG then can't register it.5
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
What the certificate provider does, and doesn't, do
The certificate provider signs section 10 after the donor. LP12's section 10 guidance sets out exactly what they confirm, and they should read it before signing.5 Some families choose a professional certificate provider, such as the donor's GP, where there are questions about the donor's understanding. That's a family decision, and a professional may charge or decline.65
The certificate provider isn't there to approve the family's choices. They act as an independent check on the donor's LPA.
If the person may no longer be able to make an LPA
If there's a real concern that the person can no longer make this decision, please get advice from their GP or a specialist before going further. Don't ask the person to sign while you're unsure.
If an LPA isn't possible, these are the official routes. This section is information only, and you may need specialist help.
Deputyship through the Court of Protection
Someone may have to apply to the Court of Protection to become a deputy. There are two types: property and financial affairs, and personal welfare. The court usually appoints a personal welfare deputy only where there's doubt that decisions will be made in the person's best interests, for example when family members disagree. Deputies send OPG an annual report.7
| Deputyship (official figures) | |
|---|---|
| Application fee | £432 (paid twice if applying for both types)8 |
| Hearing fee | £266, if the court decides a hearing is needed8 |
| New deputy assessment fee | £1008 |
| Annual supervision fee | £320 (general) or £35 (minimal: some property and affairs deputies managing under £21,000)8 |
| Security bond | May be needed8 |
| Help with fees | Exemptions and reductions may be available8 |
| Time (property and affairs, 2025) | Mean 23.9 weeks from receipt to final order; median 15.6 weeks10 |
The property and financial affairs process, in outline. Applicants complete COP1A, COP3 (capacity assessment) and COP4 (deputy's declaration). You must visit the person and tell them, and tell at least 3 people who know them; they have 14 days to respond. Send your forms within 3 months of telling people, or you must start again. There is usually no hearing for property and financial affairs applications.9 A personal welfare application uses different forms (including COP1B) and a different order of steps: see GOV.UK: apply to be a personal welfare deputy.7
Benefits only: an appointee
If you only need to manage someone's benefits, you don't need to be a deputy. You can apply to become an appointee.7
An older Enduring Power of Attorney
If the person made an Enduring Power of Attorney (EPA) before 1 October 2007, it may still be used. An EPA must be registered when the donor starts to lose, or has lost, mental capacity.11
In Scotland or Northern Ireland
The systems are different. In Scotland, see mygov.scot. In Northern Ireland, see nidirect.
Support
- Alzheimer's Society: Lasting powers of attorney and deputies. The page links to its Dementia Support Line.12
- Age UK: Power of attorney. Advice Line 0800 678 1602, free to call 8am to 7pm, 365 days a year.13
- Office of the Public Guardian: 0300 456 0300.4
Frequently asked questions
Is it too late to make an LPA after a dementia diagnosis?
Not necessarily. A diagnosis doesn't, on its own, mean someone lacks capacity. Whether they can make an LPA depends on whether they can make that decision at that time.2 If you're unsure, ask their GP.
Can a family member decide whether Mum has capacity to make an LPA?
Settle can't tell you who should make that judgement in your situation. If there's doubt, get professional advice before signing.
Can your online check tell me if Dad has capacity?
No. Our free check never asks you to judge capacity and never gives a view on it. If you tell it you have concerns, it points you to official guidance.
What if the person has good days and bad days?
Capacity is assessed at the time a decision is made.2 Talk to their GP about the best way to approach this.
- Decide who should be your attorneys, with simple worksheets
- Check if you pay £92, half, or nothing
- Get every signature in the right order first time
- Know what to do after it's registered
This guide is general information, not legal or medical advice. Settle never assesses mental capacity. If you're unsure whether someone can make an LPA, speak to their GP, another suitable professional, or a solicitor.
Related guides
Sources & references
The figures and rules in this guide are drawn from the official and charity pages below, checked on 18 October 2026. Each link opens the page itself. Always confirm current figures on GOV.UK before you act, as fees and processing times change.
- Mental Capacity Act 2005, section 1 (the principles) — legislation.gov.uk
- Mental Capacity Act 2005, section 2 (people who lack capacity) — legislation.gov.uk
- Mental Capacity Act 2005, section 3 (inability to make decisions) — legislation.gov.uk
- Make, register or end a lasting power of attorney — GOV.UK
- LP12: Make and register your lasting power of attorney (web version) — GOV.UK
- Lasting Power of Attorney, Enduring Power of Attorney and Public Guardian Regulations 2007, regulation 8 — legislation.gov.uk
- Become a deputy — GOV.UK
- Deputy fees — GOV.UK
- Apply to become a property and financial affairs deputy — GOV.UK
- Written question UIN 3422: Court of Protection deputyship timescales, answered 1 June 2026 — UK Parliament
- Enduring power of attorney: your duties — GOV.UK
- Alzheimer's Society: Lasting powers of attorney and deputies
- Age UK: Power of attorney
Settle publishes general information about Lasting Powers of Attorney in England and Wales. It is not a law firm, does not provide legal advice, and does not prepare, check or register LPAs. For advice about your situation, speak to a solicitor or a free advice service.