Lasting Power of Attorney (LPA)

A lasting power of attorney (LPA) is a legal arrangement that allows a person (the "donor") to choose one or more trusted people (the "attorneys") to make decisions on their behalf if they become unable to do so in the future. In the context of dementia, setting up an LPA is one of the most important legal steps a family can take, and it must be done while the person still has the mental capacity to understand and agree to it.

There are two types of LPA. A health and welfare LPA covers decisions about medical care, where the person lives, daily routine, and end-of-life care. A property and financial affairs LPA covers decisions about money, bills, property, and investments. Many families choose to set up both types.

Setting up an LPA does not mean the person loses their right to make their own decisions immediately. The attorneys only step in when the person is no longer able to make specific decisions for themselves. Even then, the attorneys must always act in the person's best interests and consider their known wishes and preferences.

Without an LPA in place, if a person with dementia loses the capacity to make decisions, their family may need to apply to the Court of Protection for a deputyship — a process that is significantly more expensive, time-consuming, and stressful than setting up an LPA in advance.

We strongly encourage families to discuss LPA early in the dementia journey, ideally as soon as possible after a diagnosis. A solicitor or legal adviser experienced in elderly care can guide you through the process. In England and Wales, LPAs must be registered with the Office of the Public Guardian. Scotland and Northern Ireland have equivalent but different legal arrangements.