A dementia diagnosis can prompt urgent questions for families. Who will manage the bills? Who can speak to healthcare professionals? And is it already too late to put a Lasting Power of Attorney (LPA) in place?

The key point is that a diagnosis of dementia does not automatically mean someone cannot make an LPA.

What matters is whether they have the mental capacity to make that particular decision when the document is created.

What does mental capacity mean?

In England and Wales, capacity is decision-specific and time-specific.

A person must be able to understand the relevant information, retain it long enough to decide, use or weigh it as part of the decision, and communicate their choice.

They should not be assumed to lack capacity simply because of their age, a diagnosis or difficulties with communication.

Someone living with dementia may still be able to understand who they wish to appoint, the authority they are giving that person and the consequences. Capacity can also fluctuate, so a timely, careful discussion matters.

What types of LPA are available?

A property and financial affairs LPA can cover matters such as bank accounts, bills and property.

Once registered, it may be used with the donor's permission while they still have capacity, as well as later if they lose capacity.

A health and welfare LPA concerns decisions about care, treatment and day-to-day welfare.

It can only be used when the person cannot make the relevant decision themselves. A person can choose to make one or both types.

What happens if the person no longer has capacity?

If someone lacks the capacity required to make an LPA, family members cannot simply sign one for them.

Depending on the decisions needed, an application to the Court of Protection for a deputyship may be necessary.

This is a different process, and the court decides whether to appoint a deputy and what powers to grant.

Where capacity is uncertain, seek appropriate professional guidance promptly.

It is important not to pressure the person or rush them into a document they do not understand.

Why families in Richmond should consider planning early

An LPA is not only for people with a diagnosis. Planning while a person is well can make their wishes clearer and reduce practical difficulties if they later become unwell.

Choosing trustworthy attorneys, discussing preferences and registering the documents are all important steps.

For families in Richmond and surrounding areas, Richmond Wills & Probate can explain the LPA process, help clarify the choices involved and discuss when additional professional assessment may be appropriate.

Find out more by clicking here.

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This article provides general information about the law in England and Wales and is not a substitute for advice tailored to individual circumstances.