Can I still get a Lasting Power of Attorney with Dementia?

Globally, dementia is one of the biggest challenges we face, with nearly 50 million people living with dementia worldwide.

A person who has been diagnosed with dementia may still be able to make a Lasting Power of Attorney in most cases, and a diagnosis should never be seen as a barrier to putting one in place. However, it will depend on a case-by-case basis.

What is Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document and is currently one of the most important documents you could ever create, as it is the only way to ensure your health and assets can be managed how you would want them to be, should you lose physical or mental capacity during your lifetime.

By planning ahead, you can take control and choose who you trust to make important decisions about your health, care and finances on your behalf.

What kinds of LPA are there?

There are two types, one for financial decisions and one for health and care decisions. These are separate documents, and you can decide to appoint different attorneys in each document.

Both types of LPA were introduced as part of the Mental Capacity Act, launched in October 2007. Prior to this, there was a product call an Enduring Power of Attorney (EPA).

When you turn 18, you are treated by the law as adults. If you have an accident or illness that suddenly prevents you from having the mental capacity to make your own decisions, control does not automatically pass to your next of kin, as many people mistakenly believe.

Unless you have an LPA in place, your loved ones will not be able to act on your behalf and will potentially be prevented from carrying out your wishes about your care and medical care.

What happens if a person with dementia hasn’t made an LPA?

If you do not set up an LPA for your financial and health decisions, no-one will be able to make decisions on your behalf.

Your loved ones will then need to apply to the Court of Protection for a Deputyship, to essentially grant the same powers as an LPA, after you have lost mental capacity.

Can people with dementia change their wills?

A person with dementia can still make or change a will, provided they can show they understand its effect. Unless your will is very simple, it’s advisable to consult someone who specialises in writing wills.

How we can help?

At Harding Evans, we have a team of specialist Wills & Probate lawyers who can speak with you to discuss your requirement and support you, helping you navigate what can be a complicated time in your life.

We have partnered with Alzheimer’s Society to offer legal advice for people wishing to write or update a Will to include a gift to the charity, you can find out more about the scheme here.