Can Parent with Dementia Make LPA

A dementia diagnosis does not automatically prevent your parent from making a Lasting Power of Attorney. This is one of the most widely misunderstood points in English eldercare law, and the families who believe it often miss a window that could save them thousands of pounds and months of court proceedings.

Capacity Is Decision-Specific, Not Diagnosis-Based

Under the Mental Capacity Act 2005, capacity is assessed per decision, not per condition. A parent with early-stage Alzheimer's who understands what an LPA is, who they're appointing, and what authority they're giving can still execute a valid document — even if they struggle with complex financial calculations or can't remember what day it is.

The question is not "does your parent have dementia?" The question is "can your parent understand, retain, and weigh the information relevant to this specific decision?"

The Four-Part Capacity Test

To have capacity to make an LPA, your parent must be able to:

1. Understand the relevant information — what an LPA is, what powers it gives to the attorney, and the consequences of making it
2. Retain that information long enough to make the decision — they don't need to remember it permanently, just long enough to weigh it
3. Weigh the information as part of the decision-making process — consider the pros and cons, think about who they trust
4. Communicate their decision — verbally, in writing, through gestures, or through an interpreter

Failing on any one of these four elements means the person lacks capacity for that specific decision. But the Act requires assessors to take all practicable steps to help the person succeed — choosing the right time of day, using simple language, providing written prompts, ensuring they're not fatigued or in pain.

When a GP Capacity Assessment Matters

If your parent has a dementia diagnosis, you should seriously consider getting a formal capacity assessment before the LPA is signed. This is not legally required for making an LPA, but it creates a contemporaneous medical record that the parent had capacity at the time of execution.

Why this matters: after an LPA is registered, family members or a local authority can challenge it on grounds of incapacity. If the challenge is upheld, the LPA is voided and the family falls back to the deputyship route. A GP assessment done at the time of signing is your strongest defence against this.

GPs typically charge £200 to £500 for a formal capacity assessment. The GP must assess capacity for the specific decision (making an LPA), not just give a general cognitive evaluation. Ask them to document their findings against the four-part test explicitly.

Fluctuating Capacity

Many people with early-stage dementia experience fluctuating capacity — periods of clarity interspersed with confusion. The Mental Capacity Act recognises this. An LPA executed during a lucid period is valid, provided the person met the four-part test at the moment they signed.

Practical steps to work with fluctuating capacity:

• Choose the right time of day. Many people with dementia are clearest in the morning
• Avoid days with disrupted sleep, illness, or medication changes
• Keep the environment calm and familiar — the GP's surgery or the family home, not a busy solicitor's office
• Don't rush. Let the person work through the information at their own pace

The certificate provider (who signs the LPA after the donor) is also assessing capacity. If they have any doubt, they should not sign — and a professional certificate provider (GP, solicitor) carries more weight than a personal acquaintance if the document is later challenged.

The Window Closes Eventually

Fluctuating capacity trends in one direction. The lucid periods get shorter, the confusion gets deeper, and at some point the four-part test can no longer be met even on the best days. There is no way to predict exactly when this happens.

If your parent has received a dementia diagnosis and still has periods of clarity, the time to act is now — not after the next assessment, not after the family has discussed it further, not after Christmas. Every month of delay narrows a window that cannot be reopened once it closes.

The England Lasting Power of Attorney & Deputyship Kit walks through the capacity assessment process, the signing sequence, and the certificate provider requirements — so families facing a closing window can move quickly without making the errors that get applications rejected.

See more England guides →