There may come\u202fa time when a person with dementia is unable to make decisions, for example about their care and finances. A lasting power of attorney appoints someone else to make decisions on their behalf, in their best interests.<\/p>\n
On this page, our dementia specialist Admiral Nurses<\/a> explain what a lasting power of attorney is, how to set one up, and who can take on the responsibility.<\/p>\n A lasting power of attorney (LPA) is a legal document that appoints one or more trusted individuals to be a person\u2019s \u2018attorney\u2019 \u2013 someone responsible for making decisions on their behalf.<\/p>\n There are two different types of LPA in England and Wales. A person can decide whether to make one or both, and to name the same or different people as their attorneys for each.<\/p>\n This type of LPA gives the attorney the power to make decisions about the person\u2019s health and welfare. This can include:<\/p>\n This type of LPA can only be used if the person with dementia lacks capacity to make their own decisions. However, medical professionals have overall authority on any clinical decision according to the person\u2019s best interests.<\/p>\n This type of LPA is used to give an attorney the power to make decisions about property and money matters. This can include:<\/p>\n With the person\u2019s permission, their attorney can make decisions under this type of LPA as soon as it is registered. However, the attorney must always act in the person’s best interests, keep clear records, and keep their own finances separate from the person they are attorney for.<\/p>\n LPAs are valid in England and Wales. In Scotland<\/a>, the equivalents are called \u2018welfare power of attorney\u2019 and \u2018financial power of attorney\u2019. In Northern Ireland<\/a>, there is only one type, called \u2018enduring power of attorney\u2019. This covers financial decisions only.<\/p>\n Most people with dementia will reach a point where they can no longer make informed decisions.\u202fThis is referred to as \u2018loss of mental capacity\u2019<\/a>.<\/p>\n Making an LPA before the person with dementia loses mental capacity means they can state who they would like to make decisions on their behalf. The attorney is then legally bound to make decisions in the person\u2019s best interests, considering their wishes, if they lose mental capacity.<\/p>\n Even if someone is married or in a civil partnership, it is important to make an LPA, as their partner is not automatically entitled to make decisions on their behalf.<\/p>\n Mental capacity is a legal term that refers to a person’s ability to make informed decisions. A person is judged to have lost mental capacity if they cannot:<\/p>\n Typically, a health or social care professional will assess whether a person has capacity using the principles outlined in the Mental Capacity Act<\/a>. You can read more about how it is assessed in our information on mental capacity and decision-making<\/a>.<\/p>\n A health and welfare attorney can only make decisions using their LPA if the person has lost capacity. However, a property and financial affairs attorney can make decisions on their behalf as soon as the LPA is registered, with the person\u2019s agreement, even if they still have mental capacity.<\/p>\n Mental capacity may fluctuate. For example, a person with dementia may temporarily lose capacity if they are experiencing delirium<\/a> (sudden, extreme confusion, often due to an infection), but it might return once the issue is addressed. Or a person who experiences sundowning (a state of intense confusion and\/or anxiety that typically occurs in the evening) may have the capacity to make a particular decision in the morning, but not in the evening.<\/p>\n Capacity is also \u2018decision-specific\u2019. For example, a person may have capacity to decide on something simple, like what they want for dinner, but may not be able to make a complex decision such as whether to sell a business.<\/p>\n When someone is diagnosed with dementia, it\u2019s important to draw up an LPA as soon as possible. While this may not seem urgent, a person can only make an LPA while they have mental capacity. It is impossible to know how quickly a person with dementia will deteriorate, so making an LPA should be a priority.<\/p>\n If a person loses capacity and doesn\u2019t have an LPA, it will be more difficult for someone else to make decisions on their behalf. They may have to apply to the Court of Protection to be appointed as the person\u2019s \u2018deputy\u2019. This can be a complex and expensive process, so setting up an LPA in advance is strongly recommended.<\/p>\n It\u2019s sometimes thought that a person with a diagnosis of dementia can\u2019t make an LPA, but this is not true. As long as they still have mental capacity, which many people with dementia will retain for some time, they can make an LPA.<\/p>\n To make an LPA, the person must be over the age of 18 and have the mental capacity to make their own decisions. They do not need to live in the UK or be a British citizen.<\/p>\n Simon lives in New Zealand and cares for his dad, who has Alzheimer\u2019s disease and lives alone in the UK.<\/p>\n","protected":false},"excerpt":{"rendered":" There may come\u202fa time when a person with dementia is unable to make decisions, for example about their care and finances. A lasting power of attorney appoints someone else to make decisions on their behalf, in their best interests. On this page, our dementia specialist Admiral Nurses explain what a lasting power of attorney is, […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2404,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_relevanssi_hide_post":"","_relevanssi_hide_content":"","_relevanssi_pin_for_all":"on","_relevanssi_pin_keywords":"","_relevanssi_unpin_keywords":"","_relevanssi_related_keywords":"","_relevanssi_related_include_ids":"","_relevanssi_related_exclude_ids":"","_relevanssi_related_no_append":"","_relevanssi_related_not_related":"","_relevanssi_related_posts":"","_relevanssi_noindex_reason":"","footnotes":""},"class_list":["post-5733","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n<\/a>What is a lasting power of attorney?<\/h2>\n
<\/a>Types of LPA<\/h2>\n
Health and welfare LPA<\/h3>\n
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Property and financial affairs<\/h3>\n
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Power of attorney in Scotland and Northern Ireland<\/h3>\n
<\/a>The importance of an LPA in dementia care<\/h2>\n
Defining mental capacity<\/h3>\n
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<\/a>When should you set up an LPA document?<\/h2>\n
<\/a>Legal eligibility requirements<\/h2>\n
<\/a>Simon\u2019s story<\/h2>\n