If you are thinking about setting up an LPA online, one of the key questions you are likely to have relates to mental capacity. Research suggests that less than 5% of the population has an LPA in place, and most people only consider it when they are older and facing difficult questions relating to healthcare, finances, and mental capacity.
If you have early dementia, can you still create a lasting power of attorney? Let’s take a look.
What does a dementia diagnosis mean for mental capacity?
One of the crucial things about a lasting power of attorney is that it must be made by someone who has full mental capacity. This doesn’t mean a dementia diagnosis automatically renders it impossible to make an LPA, as the deciding factor is whether the person has mental capacity.
The question of mental capacity
If the person making the LPA online still has mental capacity for decision making, they can create the LPA. The key thing is that they must have sufficient mental capacity to understand the document’s implications and know who they want to appoint as an attorney. The progression of dementia varies, so some people with dementia in the early stages will have the necessary capacity to make their LPA.
What to do if you have a dementia diagnosis
If you receive a dementia diagnosis, seek legal advice quickly to set up an LPA. If you wait for too long, you may not be able to do so. A doctor will need to certify that you have mental capacity.
What happens if someone no longer has mental capacity?
If mental capacity is lost and a lasting power of attorney is not in place, their loved ones will usually need to apply for a deputyship order via the Court of Protection. This will allow them to make decisions on behalf of the individual.
By creating an LPA at the earliest opportunity, it becomes far easier to ensure your wishes are carried out by someone you trust.
