Dementia and Power of Attorney: What Families Need to Know

A dementia diagnosis brings urgent practical and legal questions, above all who can manage money and make care decisions. This guide explains what families in Bridlington and East Yorkshire need to know about lasting powers of attorney and dementia.

Why power of attorney matters with dementia

Dementia is progressive. Many people live well with it for years, but it gradually affects the ability to make decisions about money, property and health care. Without a lasting power of attorney, even a spouse or adult child has no automatic legal right to manage the person's affairs.

That means no access to bank accounts, no authority to pay bills or sell property, and no legal say in care decisions. The ability to make legal decisions ("capacity") can be lost unpredictably as dementia progresses.

Whether someone with dementia can still make an LPA

Under the Mental Capacity Act 2005, a person has capacity to make an LPA if they can:

1. Understand the information relevant to the decision
2. Retain that information long enough to make the decision
3. Use or weigh that information to reach a decision
4. Communicate their decision (by any means)

The test is specific to the decision and the time. Someone with early-stage dementia may have capacity on a good day but not on a bad one. That is why acting quickly matters.

When an LPA is made, a certificate provider (an independent person such as a solicitor or GP) must confirm that the person understands what they are signing and is not being pressured. If there is any doubt about capacity, a formal medical assessment can be arranged to support the application.

What happens if dementia progresses without an LPA

If someone loses mental capacity without an LPA, the only route is to apply to the Court of Protection for a deputyship order. This is more expensive, slower and more restrictive than setting up an LPA in advance.

Beyond the cost, deputyship requires ongoing reporting to the Office of the Public Guardian, annual supervision fees and a security bond. The deputy must apply to the court for permission to make significant decisions. It is a far heavier process for families already dealing with dementia.

The two types of LPA

There are two types of lasting power of attorney, and both matter when planning for dementia:

Property and financial affairs LPA. Covers bank accounts, paying bills, selling property, managing investments and pensions, and dealing with tax. It can be used as soon as it is registered, even while the donor still has capacity, with their consent.

Health and welfare LPA. Covers care arrangements, medical treatment, life-sustaining treatment, where someone lives, and day-to-day care. It can only be used once the donor has lost capacity to make these decisions themselves.

Choosing attorneys when dementia is a concern

Choosing the right attorney is one of the most important decisions. Several things to consider:

Joint, or joint and several: If you appoint attorneys "jointly", they must all agree on every decision. If you appoint them "jointly and severally", any one of them can act alone. Where dementia is involved, joint and several is usually more practical, because decisions can be made quickly without everyone being available.

Replacement attorneys: Backup attorneys who step in if an original attorney can no longer act. Dementia care can span many years, so replacements are a sensible precaution.

Professional attorneys: For larger or more complicated estates, you might appoint a professional (such as a solicitor) as an attorney, alone or alongside family members.

When choosing attorneys, think about trustworthiness, how near they live to the person with dementia, competence with money (for a property and financial affairs LPA), and willingness to take on a demanding role.

Planning ahead: making an LPA while you are well

Do not wait. An LPA is for every adult, not just people who are unwell. Capacity can be lost gradually or without warning, through dementia, a stroke or an accident.

Making an LPA while you are fit and well means you choose who acts for you, how they act, and what instructions and preferences to include. It also removes the pressure and urgency that come with a diagnosis.

The best time to make an LPA is when you are fit and well, not when a diagnosis forces the conversation. It is an act of care, not pessimism.

Dementia support in Bridlington and East Yorkshire

If you or someone close to you is living with dementia, support is available locally and nationally:

• Alzheimer's Society. Dementia Support Line 0333 150 3456. Information, support groups and local services across East Yorkshire.
• Dementia UK. Admiral Nurse helpline 0800 888 6678, free. Specialist dementia nurses for families.
• Dementia groups in Bridlington. Free monthly groups for people living with dementia and their carers, including Right Minds, a peer support group. East Riding of Yorkshire Council lists current local groups on its website.
• Dementia Friendly East Riding. A local charity working to make businesses, organisations and communities across the East Riding more aware of dementia and more supportive.
• Age UK East Riding. Practical support, advice and befriending for older people and their families.

How Aaron can help

Aaron helps families across Bridlington and East Yorkshire put LPAs in place quickly, with home visits where needed. If capacity is in doubt, he can work with the person's GP or a specialist so the LPA is made properly.