LPA or Deputyship for a Parent with Dementia?

When a parent has dementia, the path forward depends on their mental capacity. Our compassionate SRA-regulated solicitors can assess the situation and guide you on the right legal tool, whether it's a Lasting Power of Attorney or a Court of Protection Deputyship Order.

The Most Important Question: Does Your Parent Have Mental Capacity?

When helping a parent with dementia, the legal path forward depends entirely on one crucial factor: whether they still have the 'mental capacity' to make their own legal decisions. This is the first thing our solicitors will help you assess.

Path 1: If Your Parent STILL HAS Capacity

If your parent understands the decision and its consequences (even if they have good and bad days), they can create a Lasting Power of Attorney (LPA).

This is a powerful legal document where they choose someone they trust (the 'Attorney') to make decisions for them.
It is a proactive, simpler, and more cost-effective process.
It allows your parent to decide who is in control of their affairs.

Find Out if an LPA is Still an Option

Path 2: If Your Parent HAS LOST Capacity

If dementia has progressed to the point where your parent can no longer understand the decision, they cannot legally make an LPA. You must apply to the Court of Protection.

The Court can issue a Deputyship Order, appointing a 'Deputy' to manage their affairs.
This is a reactive, court-supervised, and more complex process.
The Court, not your parent, decides who is appointed.

Discuss the Deputyship Process

Navigating the issue of mental capacity is a sensitive and complex legal task. Our solicitors can provide an expert assessment and guide you on the correct and most compassionate way forward.

"They Handled a Difficult Situation with Compassion and Professionalism"

"Very friendly and professional service. They made the process of making a Health & Welfare LPA straightforward and stress-free. I was kept informed at every stage and felt I was in very safe hands."

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"Excellent communication and a very professional service. They explained everything clearly, especially the importance of the life-sustaining treatment options. I wouldn't hesitate to recommend them."

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"I had a brilliant experience from start to finish. I was listened to, my case was handled with professionalism and care. The whole process was smooth and stress free. I was kept updated through the whole process. I would highly recommend Wildings Solicitors."

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Your Questions Answered

Can my parent make an LPA if they have good days and bad days?

Possibly, yes. The test for mental capacity is decision-specific and must be assessed at the time the decision is made. If your parent has periods of lucidity where they understand the purpose and consequences of an LPA, they may still be able to create one. This requires a careful and professional assessment by a solicitor, often with input from a medical professional.

What is the Court of Protection?

The Court of Protection is a specialist court that makes decisions on financial or welfare matters for people who lack the mental capacity to do so themselves. Appointing a Deputy is a significant part of its work. The process is more complex, costly, and time-consuming than creating an LPA, which is why we always advise clients to plan ahead if possible.

How much does it cost?

Creating an LPA is a fixed-fee service. Applying for a Deputyship Order is more complex and our fees will be based on the work required. In either case, we provide a clear, written quotation for your approval before any work begins, so you have complete certainty on costs.