Lasting Power of Attorney Dementia England: When and How to Set One Up
The Timing Window That Most Families Miss
A Lasting Power of Attorney can only be signed while your parent has the mental capacity to understand what they're agreeing to. Once dementia progresses to the point where that capacity is lost, the LPA option closes permanently.
This catches many families. A dementia diagnosis does not automatically mean capacity is gone — in the early stages, most people retain enough understanding to execute an LPA. But the window narrows as the condition progresses, and LPA registration with the Office of the Public Guardian takes twelve to sixteen weeks. Start the process immediately after diagnosis, not when a crisis forces the issue.
Can You Get an LPA After a Dementia Diagnosis?
Yes — a dementia diagnosis alone does not prevent someone from making an LPA. The legal test is whether the person understands, at the time of signing:
- What an LPA is and why they're making one
- The powers they're giving to their chosen attorneys
- That they can add restrictions or conditions
- The consequences if the attorney misuses their authority
A Certificate Provider (someone independent who is not a family member being appointed as attorney) must confirm in writing that the person has this understanding and is not being pressured.
In early-stage dementia, this is usually straightforward. In moderate stages, it becomes harder — the Certificate Provider may want a medical professional's opinion. If there's any doubt, ask the GP or a solicitor experienced in mental capacity law to act as Certificate Provider.
The Two LPAs You Need
England has two separate LPA types, and many families choose both:
Property and Financial Affairs — covers bank accounts, paying bills, managing investments, selling property, and dealing with benefits. This can be used as soon as it's registered, even while your parent still has capacity (with their consent).
Health and Welfare — covers medical treatment decisions, care arrangements, and where your parent lives. This can only be used after your parent loses capacity to make these decisions themselves.
Each LPA is a separate document with its own registration fee.
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Costs and Fee Remissions (2026)
- Registration fee: £92 per LPA (£184 total for both types)
- 50% remission: If the donor's gross annual income is under £12,000, each fee drops to £46 (apply using Form LPA120)
- Universal Credit recipients are assessed for the 50% remission only
Form LPA120 is used to apply for an applicable fee exemption or remission. The fee is payable at registration, not when the LPA is created.
How to Complete the Process
- Choose attorneys — name at least one person for each LPA, and consider naming a replacement attorney in case the primary can't act. Joint attorneys can be appointed to act "jointly" (all must agree) or "jointly and severally" (any one can act alone)
- Add instructions and preferences — the form lets the donor set restrictions (things attorneys must do) and preferences (things they'd like attorneys to consider)
- Sign in strict order — the donor signs first, then the Certificate Provider, then each attorney. Getting this wrong invalidates the LPA and you lose the registration fee
- Register with the OPG — submit online or by post. A mandatory 28-day waiting period allows objections before registration completes
The OPG has moved to a digital-first system under the Powers of Attorney Act 2023, but paper applications are still accepted.
What Happens If You Wait Too Long
If your parent loses capacity before an LPA is registered, the only route to legal authority is a Court of Protection deputyship order. The differences are significant:
| LPA | Deputyship | |
|---|---|---|
| Cost | £184 (both types) | £432 application fee per deputyship type + £100 assessment fee + £266 hearing fee (if required) |
| Timeline | 12–16 weeks | 4–6 months |
| Ongoing fees | None | £320/year supervision fee (£35 if estate under £21,000) |
| Reporting | None | Annual financial reports to OPG |
| Flexibility | Donor chooses who, when, and how | Court appoints and supervises |
A deputyship is slower, more expensive, more restrictive, and involves ongoing oversight by the Office of the Public Guardian. The £184 LPA registration fee versus £532 in basic deputyship application and assessment fees for one deputyship type — plus a possible £266 hearing fee and annual supervision — makes early action one of the highest-return decisions a family can take.
The Practical Reality
Without a registered LPA, third parties may require formal proof of authority before dealing with you about bank accounts, pensions, medical details, or care arrangements. If capacity is lost and no LPA exists, the Court of Protection deputyship route is the formal alternative.
Our Dementia Care in England guide includes step-by-step LPA completion checklists, the fee remission application process, and guidance on what to do if capacity is already borderline.
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