Powers of attorney · 10 min read · Published
Dementia and power of attorney: what families need to know
A guide for families facing dementia: when an LPA is still possible and what happens without one. It also lists where to find support in East Yorkshire.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Powers of attorney · No. 6 of 11Published · 10 minutes
A dementia diagnosis brings urgent practical and legal questions, above all who can manage money and make care decisions. This guide explains lasting powers of attorney and dementia. It covers what families in Bridlington and East Yorkshire need to know.
Why power of attorney matters with dementia
Dementia is progressive. Many people live well with it for years. 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 authority to use their bank accounts, pay their bills or sell their property. A bank may restrict a joint account to essential payments. Relatives cannot consent to or refuse medical treatment on the person's behalf. Doctors and carers should still consult the family about what is in the person's best interests. The ability to make legal decisions ("capacity") can be lost unpredictably as dementia progresses.
Can someone with dementia make an LPA?
Under the Mental Capacity Act 2005, a person has capacity to make an LPA if they can:
- Understand the information relevant to the decision
- Retain that information long enough to make the decision
- Use or weigh that information to reach a decision
- 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.
If you could not decide for yourself tomorrow
Life with a lasting power of attorney, and life without one.
If dementia progresses without an LPA
If someone loses mental capacity without an LPA, managing their money and property usually needs a Court of Protection order. The court normally appoints a deputy. Deputyship is more expensive, slower and more restrictive than setting up an LPA in advance. Doctors and carers can still give care and treatment in the person's best interests without a court order.
LPA compared with Court of Protection deputyship
| LPA | Court of Protection deputyship |
|---|---|
| Registration fee: £92 per LPA | Application fee: £432, plus a £100 assessment fee for a new deputy, plus legal costs |
| Usually registered in 8 to 10 weeks if there are no mistakes | Takes many months |
| You choose your attorneys | The court appoints the deputy |
| Powers defined by you, the donor | Powers defined and limited by the court |
| No ongoing annual cost | Annual supervision fee of £320 (£35 for minimal supervision), plus a security bond |
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 one of them can no longer act, the LPA ends unless a replacement steps in. 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 and how near they live to the person with dementia. Consider competence with money (for a property and financial affairs LPA) and willingness to take on a demanding role.
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 the East Riding more aware of dementia and more supportive. It works with businesses, organisations and communities.
- Age UK Hull and East Yorkshire. 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 works with their GP or a specialist so the LPA is made properly.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Mental Capacity Act 2005, section 3: Inability to make decisions
legislation.gov.uk
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 21 March 2026 · Ends
