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Lasting Power of Attorney and Dementia: Everything Families Need to Know
If you’re supporting a loved one with dementia, planning for the future can feel overwhelming. One of the most important steps you can take early on is setting up a lasting power of attorney (LPA).
A lasting power of attorney allows someone to choose a trusted person to make decisions on their behalf if they are no longer able to do so themselves. This can include decisions about finances, care, and medical treatment.
In this guide, we’ll explain what an LPA is, why it matters for people living with dementia, and how to put one in place so you can feel more confident about the future.
You may also want to explore the different types of dementia care available in Plymouth as part of your planning.
What is a lasting power of attorney, and why does it matter?
A lasting power of attorney (LPA) is a legal document that allows someone (known as the donor) to appoint one or more trusted people (attorneys) to make decisions on their behalf.
This is important if they lose the ability to make decisions themselves, which can happen as dementia progresses.
Having an LPA in place means decisions can still be made in line with the person’s wishes, without unnecessary delays or complications. It also reassures families that they can step in when needed.
Why do I need a Lasting Power of Attorney?
As dementia progresses, it is likely you will find it harder to make plans and decisions over time. Creating an LPA now makes it easier for your loved ones to protect your finances and healthcare choices. It is much more expensive and difficult to gain permission to act on your behalf if you are not able to give consent.
The process can also spark discussion with your family and loved ones about what you want to happen to your finances and healthcare in the future. This means they can make future decisions based on your wishes. It can also be a useful way to give yourself extra support and help your trusted person become familiar with your arrangements.
What are the two types of lasting power of attorney?
There are two different types of lasting power of attorney, and many people choose to set up both.
Property and Financial Affairs LPA.
- Managing bank accounts and bills
- Handling pensions or benefits
- Paying for care or household expenses
- Making decisions about property
Health and Welfare LPA
- Decisions about daily care and routine
- Medical treatment and healthcare
- Where someone lives, including care home decisions
- Life-sustaining treatment (if specified)
The health and welfare LPA can only be used when someone is no longer able to make decisions themselves, while the property and financial affairs LPA can sometimes be used earlier with permission.
For example, if someone with dementia becomes unable to manage their finances, a property and financial affairs LPA allows their chosen attorney to step in and pay bills or manage accounts.
If decisions about care or medical treatment are needed, a health and welfare LPA ensures those decisions can be made in line with the person’s wishes.
You can have both LPAs in place at the same time or just one. You can also have the same trusted person or people for both LPAs, or different people for each.
When should you set up a lasting power of attorney?
It’s usually best to set up a lasting power of attorney as early as possible.
This is because the person making the LPA must have mental capacity at the time it is created. As dementia progresses, this can become more difficult.
Putting an LPA in place early means:
- decisions can be made without delay if needed
- the person’s wishes are clearly recorded
- families avoid having to make rushed or stressful decisions later on
Even if everything feels manageable now, planning ahead can provide reassurance for everyone involved.
You may find our guide to early dementia signs helpful if you are still unsure about the right time to start planning.
As dementia progresses, families are often also thinking about future care and support. Understanding your options early can make decisions feel much more manageable.
Setting up a Lasting Power of Attorney: the process, paperwork and registration
Here is an overview of setting up a lasting power of attorney.
- Fill out the LPA forms.
- These can be downloaded online, but will need to be printed off and signed. If you aren’t confident filling these out, ask a trusted person to help you or use this step-by-step guide from The Office of the Public Guardian.
- Or, you can use the online service at GOV.UK
- Get the completed forms signed. Your LPA will not be registered unless signed in this order:
- First, you (known as ‘the donor’) need to sign, and your signature must be witnessed.
- Then the ‘certificate provider’ must sign. This is someone who confirms you understand the LPA and that you aren't being pressured into signing it.
- Finally, your trusted person (known as your ‘attorney’) must sign, and their signature must be witnessed.
- Register the LPA with the Office of Public Guardian.
- This can take 8 - 10 weeks if completed correctly, and your attorney can do this for you. For more details, see the GOV.UK website
What is the cost of a lasting power of attorney?
To register your LPA, there is a standard charge of £92 in England & Wales and £96 in Scotland for a single LPA (at time of writing). This means that if you are registering both a Health and Welfare LPA and a Property and Affairs LPA, this will be £184 in England & Wales and £192 in Scotland.
If you earn less than £12,000 per year, you can apply for a reduction to £46. If you are on certain benefits, there is a fee exemption. Here are more details on payments and fees.
Who can witness a Lasting Power of Attorney?
When completing the LPA forms, you (the donor) and your trusted person (your attorney) must have your signatures witnessed.
The donor’s signature (you) must be witnessed by anyone over 18 who is not already a named or replacement attorney. The attorney’s signature can be witnessed by anyone over 18 who is not the donor. Signatures must be witnessed in person, not through a video call.
Can a lasting power of attorney be cancelled?
There are a few scenarios where a lasting power of attorney needs to be cancelled. Here are a few examples:
- The donor decides to revoke the LPA while they still have mental capacity
- The attorney is unable to complete the role and resigns. In this instance, a replacement attorney can be appointed.
- The attorney becomes bankrupt. This can invalidate a property and affairs LPA.
- The attorney loses mental capacity and can no longer act on your behalf.
- The Court of Protection can cancel an LPA if there’s evidence of abuse or mismanagement.
How long does a Lasting Power of Attorney last?
Unless it is revoked or cancelled for any of the above reasons, an LPA remains valid until the donor passes away.
A Property and Affairs LPA is sometimes used to help with financial decisions, even before the donor is unable to do so themselves. A Health and Welfare LPA is typically only used when you can no longer decide.
What happens if there is no LPA in place?
If a lasting power of attorney is not set up in time, families may not automatically have the authority to make important decisions.
This can lead to delays when managing finances or making care decisions, especially in urgent situations.
Planning ahead with an LPA helps avoid unnecessary stress and ensures decisions can be made in line with your loved one’s wishes.
Lasting Power of Attorney: a summary
In summary, a lasting power of attorney gives families clarity, legal authority, and peace of mind when planning for dementia care. Setting one up early ensures that decisions can always be made in line with your loved one’s wishes.
Planning ahead with confidence
Putting a lasting power of attorney in place is an important step, but it’s often just one part of planning for the future.
Many families also begin to think about care options, short-term support, and how to make the transition as smooth as possible when the time comes.
At Wisteria House, we support families at every stage. Whether you are simply exploring your options or need more immediate guidance.
If you’d like to talk things through, you’re always welcome to get in touch. Our team is here to answer your questions.
Frequently asked questions about lasting power of attorney
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