A lasting power of attorney (LPA) is a legal document that lets someone choose one or more people they trust to make decisions for them if they later cannot. If you are looking into a lasting power of attorney, dementia makes timing the key issue: an LPA only works if it is made while the person still has the mental capacity to understand and sign it.
A diagnosis of dementia does not by itself mean it is too late. Many people in the early stages can still make an LPA. But if you wait until capacity has gone, the family has to apply to the Court of Protection instead, which is slower and more expensive.
In short: if your parent has dementia and no LPA, talk to them about it now. It costs £92 per LPA to register and can be done online.
What are the two types of lasting power of attorney?
There are two types, and most people make both.
| Property and financial affairs | Health and welfare | |
|---|---|---|
| Covers | Bank and building society accounts, paying bills, collecting benefits and pensions, dealing with the council’s financial assessment, selling the home | Daily routine, medical care, where the person lives, care arrangements, and (if specifically allowed) life-sustaining treatment |
| When it can be used | Once registered, and with the person’s permission while they still have capacity, or only once they lack capacity if they choose that | Only once registered and the person lacks capacity to make the decision in question |
| Registration fee | £92 | £92 |
With both LPAs, the GOV.UK guidance says the fee is £184 in total. The person making the LPA is called the donor, and the people they choose are the attorneys.
Lasting power of attorney, dementia and the capacity requirement
To make an LPA, the donor must have the mental capacity to do so at the time they sign. That means they need to understand what an LPA is, what powers they are giving, who they are giving them to, and that they can cancel it while they have capacity.
Under the Mental Capacity Act 2005, everyone is presumed to have capacity unless it is shown otherwise, and capacity is judged for the specific decision at the time. Someone with dementia who is confused about some things may still understand an LPA perfectly well, especially on a good day and with the information explained simply.
Every LPA needs a certificate provider: someone who has known the donor well for at least two years, or a professional such as a GP or solicitor, who confirms the donor understands the LPA and is not being pressured. If there is any doubt about capacity, it is sensible to ask the GP or a solicitor to act as certificate provider, or to write a note confirming capacity. That makes a challenge later much less likely.
If your parent has been recently diagnosed, raise the subject gently and soon. Our guide to talking to parents about care has tips on difficult conversations.
How to make a lasting power of attorney
- Choose attorneys. Anyone over 18 with mental capacity. Decide whether they must act together on all decisions, or can act separately. You can also name replacement attorneys.
- Fill in the forms. Use the GOV.UK online service or paper forms. Online is usually quicker and helps avoid mistakes. Instructions and preferences can be added, for example about care homes or investments.
- Sign in the right order. The donor signs first, with a witness, then the certificate provider, then the attorneys, each with a witness. Everyone signs the original; copies and digital signatures are not accepted. An attorney cannot witness the donor’s signature.
- Register with the Office of the Public Guardian. The LPA cannot be used until it is registered. Either the donor or an attorney can apply.
You do not need a solicitor, and many families complete LPAs themselves. A solicitor can help if the family situation is complicated, there are concerns about capacity, or there is significant property or a business.
How much does an LPA cost?
According to GOV.UK, it costs £92 to register each LPA. You can apply for a reduced fee if the donor earns less than £12,000 a year, and an exemption if they get certain means-tested benefits.
How long does registration take?
GOV.UK currently says it takes 8 to 10 weeks to register an LPA if there are no mistakes in the application. Errors mean delays, so check every page before sending it. Processing times have been longer in the past, so allow extra time and check GOV.UK for the latest guidance.
What if it’s too late to make an LPA?
If the person no longer has the capacity to make an LPA, a family member or friend can apply to the Court of Protection to become their deputy. A property and financial affairs deputy can manage money and bills. Personal welfare deputies are appointed less often, usually only where there is doubt about whether decisions will be made in the person’s best interests or ongoing decisions are needed.
| Lasting power of attorney | Deputyship | |
|---|---|---|
| Who chooses | The person, while they have capacity | The Court of Protection |
| Upfront cost | £92 per LPA | £432 application fee, plus £100 assessment fee for a new deputy (and £266 if the court decides a hearing is needed) |
| Ongoing cost | None | Annual supervision fee (£320 general, £35 minimal), and often a security bond |
| Reporting | No routine reports | Annual deputy report to the Office of the Public Guardian |
| Timescale | About 8 to 10 weeks to register | Usually several months |
Fees are from GOV.UK’s deputy guidance and may change. Until a deputy is appointed, families can struggle to access the person’s money to pay for care, so apply as soon as it is clear an LPA cannot be made.
For health and care decisions, a deputy is often not needed. Decisions can be made in the person’s best interests under the Mental Capacity Act, involving the family and professionals.
Using an LPA with banks and the council
Banks and other organisations
For LPAs registered on or after 17 July 2020, the registration letter includes an activation key for the Office of the Public Guardian’s Use a lasting power of attorney service. Attorneys can create an account and generate an access code to share with banks, building societies, councils and other organisations, which can then view a summary of the LPA online. Some organisations still ask for the original or a certified copy, particularly if the LPA includes instructions or preferences.
Contact each bank’s bereavement and power of attorney team, or check its website, as most have a set process. Keep attorney finances completely separate from the donor’s, and keep records of every transaction.
The council and care funding
A property and financial affairs attorney can deal with West Sussex County Council’s financial assessment for care on the person’s behalf, provide bank statements and arrange payment of care fees. A health and welfare attorney can take part in, and make, decisions about the person’s care once they lack capacity, including during a needs assessment. Give the council a copy of the registered LPA, or an access code, early. See our guides to the financial assessment for home care and the care needs assessment in West Sussex.
Attorneys can also claim benefits on the person’s behalf, such as Attendance Allowance, and apply for discounts such as the council tax discount for dementia. Our free funding checker gives a quick view of the help that may be available.
Frequently asked questions
Can someone with dementia still make a lasting power of attorney?
Yes, if they have the mental capacity to understand the LPA at the time they sign it. Many people in the early stages of dementia can. A GP or solicitor acting as certificate provider can help confirm capacity if there is any doubt.
How much does a lasting power of attorney cost?
It costs £92 to register each LPA, so £184 for both types. Reduced fees and exemptions are available for people on low incomes or certain benefits.
How long does it take to register an LPA?
GOV.UK currently says 8 to 10 weeks if there are no mistakes. Errors in the forms cause delays, so check carefully before sending.
What happens if my parent has dementia and no LPA?
If they can no longer make one, you can apply to the Court of Protection to become their deputy for property and financial affairs. It costs more and takes longer than an LPA, and involves annual reporting to the Office of the Public Guardian.
Can I use a lasting power of attorney before my parent loses capacity?
A property and financial affairs LPA can be used once registered, with your parent’s permission, unless they chose that it should only apply after they lose capacity. A health and welfare LPA can only be used once they lack capacity to make the decision in question.
The Care Panel is an independent publication. We are not a care provider and are not regulated by the Care Quality Commission, because we do not deliver care. Always check a provider’s own CQC registration and inspection report before you commit.
Written and fact-checked by The Care Panel. Last updated September 2026. Sources: GOV.UK lasting power of attorney guidance, GOV.UK deputyship guidance and fees, Office of the Public Guardian, NHS guidance on the Mental Capacity Act. General information, not financial, legal or medical advice — figures are indicative and subject to change.