LPA and Dementia in Wales: When to Act and What Happens If You Wait

You Can Still Set Up an LPA After a Diagnosis

A dementia diagnosis does not automatically mean someone lacks the mental capacity to create a Lasting Power of Attorney. The legal test under the Mental Capacity Act 2005 is specific: can the person understand the information relevant to the decision, retain it long enough to use it, weigh the options, and communicate their choice?

Many people in the early and moderate stages of dementia can meet this threshold. The key is acting quickly. Cognitive decline is progressive, and the window for making legally valid decisions narrows as the condition advances.

You need two separate LPAs. A Property and Financial Affairs LPA allows your named attorney to manage bank accounts, collect pensions, pay bills, and handle property transactions. A Health and Welfare LPA gives your attorney authority over medical treatment decisions, daily care routines, and residential care placement — but this one can only be used once the person actually loses capacity to make those specific decisions.

The Registration Timeline Matters

Each LPA costs £92 to register with the Office of the Public Guardian. The registration process currently takes 16 to 20 weeks. This timeline is non-negotiable — the LPA cannot be used until registration is complete, so a family that starts the process when a parent is already struggling may find the paperwork is still being processed when they urgently need legal authority.

You can create and register both LPAs online through the GOV.UK LPA tool. The process requires a certificate provider — someone who confirms the donor understands what they are signing. For a person with dementia, choosing a certificate provider who knows them well (or a healthcare professional who can assess capacity) strengthens the document against any future challenge.

If your parent's gross annual income is below £12,000, use Form LPA120 to apply for a fee remission — either a 50% reduction or full exemption from the £92 per-LPA registration fee.

What Happens If You Miss the Window

If a parent loses the mental capacity to sign an LPA, the only route to legal authority is applying to the Court of Protection for a deputyship order. This is slower, more expensive, and more restrictive.

A deputyship application requires a COP3 capacity assessment (completed by a GP, psychiatrist, or psychologist confirming the person lacks capacity) and a COP1 application to start proceedings. The Court of Protection application fee is £432 as of July 2026, plus hearing fees of £266.

Deputyship typically takes six to twelve months to complete. Once granted, the deputy must file detailed annual financial accounts with the OPG, pay annual supervision fees, and purchase a security bond. The ongoing administrative burden is significantly heavier than acting as an LPA attorney.

Practical Steps Right Now

If your parent has a dementia diagnosis and you have not yet started the LPA process, the most useful thing you can do today is check whether they can still pass the capacity test. Speak to their GP — not to request a formal COP3 assessment (that is for deputyship), but to get an informal view on whether your parent currently understands what an LPA means and can make that decision.

If the GP believes capacity is present, start the LPA process immediately. Every week of delay is a week closer to the point where the legal route becomes the Court of Protection instead.

The Wales Dementia Care Guide includes step-by-step instructions for both LPA registration and the deputyship fallback, with a timeline tracker that maps the entire process from application to activation.

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