Receiving a dementia diagnosis can be life-changing – not just for the person who has it but also for their friends and family. It means living with uncertainty about what’s to come and trying to make decisions about things like healthcare, money and welfare.

Creating a Lasting Power of Attorney (LPA) is one way of dealing with these uncertainties. An LPA is a legal document that lets someone else make decisions for you if you lose the mental capacity to do so yourself.

So, in a nutshell, yes, it is possible to make an LPA if you have been diagnosed with dementia, provided that you still have the mental capacity required to understand and sign the documents.

Mental capacity denotes the ability to understand, remember and weigh up relevant information about a decision, as well as the communication skills needed to express it.

Professional assessment: It may be sensible to have your mental capacity formally assessed before going ahead. Your doctor or another healthcare professional such as a psychiatrist could do this by verifying if you are able to make informed decisions.

Understanding the LPA: You should know what an LPA is, why it’s being set up and what powers it confers on attorneys selected by you. Additionally, one must appreciate which areas of life those acting on their behalf are allowed to touch.

We strongly advise that you appoint a solicitor to help you. Our solicitors are members of The Association of Lifetime Lawyers – an organisation that helps people find expert legal guidance. Our team has specialist knowledge on issues regarding people living with mental health conditions like Alzheimer’s disease

There are a few things you can do to do to get the ball rolling:

Consider who to appoint: Who would you like to appoint to make decisions for you, about your property and money and your health and welfare, if you can’t make the decisions yourself?  They should be someone you view to be trustworthy and in whom you have absolute confidence; be able to deal with official paperwork and financial matters; not be bankrupt or have been in financial difficulties themselves and have experience of effectively dealing with and managing their own financial affairs.

Get the forms signed: Once completed, the forms need to be signed by you, your chosen attorneys, a witness, and a certificate provider. The certificate provider is a person who confirms that you understand what an LPA is and that you are not being put under any pressure.

Register the LPA: After filling in all necessary forms, you must then go through an official process called “registration” at The Office of Public Guardian (OPG) where it may take up to 20 weeks

The short answer is yes – someone with dementia can still sign an LPA as long as they’re mentally capable to do so. It’s important that once someone is diagnosed with dementia, they should look at creating an LPA as soon as possible. This is because they could still have the cognitive ability to legally sign the documents, saving further stress down the line.

There are many reasons why someone might not have an LPA in place. It might be a case of not getting around to it on their life’s “to-do” list or maybe they think their family will know what to do with their financial affairs and healthcare options.

However, there can be serious consequences for both the individual and those around them if something goes wrong and nobody has been given legal authority to act on their behalf. An LPA is particularly helpful when medical emergencies occur where loved ones need to make decisions quickly – for example, treatment options or resuscitation orders.

Let our compassionate Private Client team help you secure your future with an LPA today.