If a loved one has been diagnosed with dementia, planning ahead is essential. One of the most important steps you can take is arranging power of attorney, which allows someone to make decisions on their behalf if they are no longer able to do so.
This guide explains how to get power of attorney for someone with dementia, when to arrange it and what the process involves.
What is power of attorney?
Power of attorney is a legal arrangement that allows a person (known as the donor) to give someone they trust (the attorney) the authority to make decisions for them.
There are two main types in England and Wales:
- Health and welfare power of attorney: Covers decisions about medical care, daily routines and living arrangements
- Property and financial affairs power of attorney: Covers managing money, paying bills and handling finances
These are often referred to as Lasting Power of Attorney (LPA).
Why is power of attorney important for dementia?
Dementia is a progressive condition, which means mental capacity can decline over time. Arranging power of attorney early ensures that decisions can be made in the person’s best interests when needed.
Without power of attorney:
- Family members may not have legal authority to make decisions
- Managing finances or care arrangements can become more difficult
- You may need to apply through the Court of Protection, which is more time consuming
Putting arrangements in place early helps avoid stress later on.
When should you arrange power of attorney?
Power of attorney must be set up while the person still has the mental capacity to understand and agree to the arrangement.
This means:
- They understand what power of attorney is
- They can choose who they want to act for them
- They are able to make the decision themselves
If dementia has already progressed and capacity is lost, you may need to apply for a deputyship instead.
Step by step: how to get power of attorney
Setting up power of attorney in the UK involves several steps.
1. Choose the right attorney
The person with dementia chooses who they trust to make decisions on their behalf. This is often a close family member, friend or sometimes a professional.
You can appoint:
- One attorney
- More than one attorney
- Replacement attorneys if needed
2. Decide which type of power of attorney is needed
Most people choose to set up both:
- Health and welfare LPA
- Property and financial affairs LPA
This ensures all aspects of care and decision making are covered.
3. Complete the forms
You need to fill in official LPA forms, which can be completed:
- Online via the GOV.UK website
- On paper using downloadable forms
The forms include details about the donor, attorney and how decisions should be made.
4. Get the forms signed and witnessed
The forms must be signed by:
- The donor
- The attorney or attorneys
- A certificate provider
A certificate provider confirms that the person understands the decision and is not being pressured.
5. Register the power of attorney
The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
- There is a registration fee
- The process can take several weeks
Once registered, the attorney can begin acting when needed.
What happens after power of attorney is set up?
Once in place, the attorney can:
- Make decisions in the person’s best interests
- Manage finances or arrange care
- Work with healthcare professionals and care providers
Attorneys must always follow legal guidelines and act responsibly.
If it is too late to get power of attorney
If the person no longer has mental capacity, you cannot set up power of attorney. Instead, you may need to apply for deputyship through the Court of Protection.
This process:
- Takes longer than setting up an LPA
- Is more expensive
- Requires ongoing reporting
This is why early planning is so important.
How power of attorney supports dementia care
Having power of attorney in place makes it easier to:
- Arrange care at home or in a care setting
- Manage finances and pay for care
- Make decisions about health and wellbeing
- Ensure wishes are respected
It gives families clarity, authority and peace of mind during a difficult time.
Need support with dementia care?
If you are supporting someone with dementia and considering care options, our team can help. We provide personalised live-in dementia care that supports safety, routine and independence at home.
Call 0808 304 0500 or email hello1780578492@ipho1780578492mecar1780578492e.co.1780578492uk1780578492 to arrange a free, no obligation discussion.