Dementia Action Week: Shoring up the future with a lasting power of attorney

There are almost one million people in the UK living with dementia, although one in three don’t have a formal diagnosis, according to Alzheimer’s Society. And the number is expected to soar to 1.4 million by 2040.²

As well as the emotional toll it can take on families, there are usually practical issues to deal with, such as helping someone with dementia manage their day-to-day lives.

A power of attorney is a way to ensure someone you trust can make decisions on your behalf, about your finances and healthcare, if you don’t have the capacity to do so yourself. By getting this in place early, families can protect themselves from some of the difficulties which can arise when a loved one has dementia.

What would happen if you, or a loved one, lost mental capacity? Who would act in their interests?

An accident or illness, such as stroke or dementia, can lead to the loss of mental capacity, and sometimes this can happen without warning. It is much easier (and cheaper) to set up a power of attorney before this happens than after the event.

Claire Trott, head of advice at St. James’s Place, says it is important for families to have conversations early about what would happen if someone lost mental capacity.

“Documenting your wishes means your loved ones will feel empowered to do the right thing should it be necessary. Spending time considering what works best can make things easier in the long term,” she says.

Here we look at what is involved in getting a power of attorney in place.

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document in England and Wales, which allows you (the donor) to appoint one or more people (the attorneys) to help you to make decisions or make decisions on your behalf.

There are two types of lasting power of attorney. You can choose to have just one or both:

• property and financial affairs
• health and welfare

You must have mental capacity at the time you set up your LPA. You don’t have to live in the UK or be a British citizen to make an LPA. But LPAs can only be used for decisions regarding finances, property, health, welfare and care in England and Wales.

You can set up an LPA online or using paper forms. But either way the forms will need to be printed off and signed by you and the attorneys, as well as witnesses. You’ll then need the LPA signed by a certificate provider. This must be someone over the age of 18 who has known you for at least two years (but not a family member and not one of your attorneys).

LPAs must be lodged with the Office of the Public Guardian (OPG) before they can be used. This can take between eight and 10 weeks, or longer if there are mistakes on the form that need correcting.

An LPA for health and care decisions can only be used if you lose mental capacity. But an LPA for financial and property decisions can be used, with your permission, while you still have mental capacity (as well as if you have lost capacity). But you need to choose this option when setting it up.

SJP’s Claire Trott says: “Think about getting the right attorneys in place. You may want to have one person making decisions about your health and welfare, but someone else making financial decisions.”

Power of attorney in Scotland and Northern Ireland

Power of attorney arrangements are broadly similar in Scotland and Northern Ireland. But there are some variations and the names are slightly different.

There are two types of power of attorney in Scotland: a continuing power of attorney (for financial matters and property) and a welfare power of attorney (for healthcare and care decisions). You can opt to have just one, or you can have a combined power of attorney, which covers both financial affairs and healthcare.

A power of attorney must be lodged with the Office of the Public Guardian Scotland to be valid.

Attorneys can be aged from 16 in Scotland. In contrast, attorneys need to be 18 or over in England, Wales and Northern Ireland.
In Scotland, a power of attorney document must be certified by a solicitor or a medical practitioner. They must interview the person granting the power of attorney to make sure they're aware of what they're doing and are not under undue influence.

In Northern Ireland you can set up a power of attorney, which can then lead to an enduring power of attorney (EPA) in the event of mental incapacity. But this is only for property and financial affairs.

You can also limit the powers of the attorney. For example, an attorney may be able to make decisions about your finances but not about your home. However, there is currently no formal arrangement for power of attorney for health and welfare in Northern Ireland due to delays in bringing in law reforms.

At the point the attorney believes you are becoming mentally incapable of managing your own affairs they must apply to the High Court (Office of Care and Protection) to register the EPA.

How much does it cost to set up a power of attorney?

Lodging a lasting power of attorney with the OPG in England and Wales costs £92 per LPA, or £184 for both LPAs. In Scotland the cost is £99 per power of attorney (£198 for combined). The cost of lodging an enduring power of attorney in Northern Ireland is £189.

A fee exemption or discount may be available, depending on your circumstances, for some people on means-tested state benefits or a low income.

You don’t need to use a solicitor to set up a power of attorney, but if you choose to do this there will be legal fees on top.

Can an attorney be removed or replaced?

You can usually change a chosen attorney, or remove an attorney (if you have more than one) if you wish (and you still have mental capacity), by following the steps laid out by the relevant body: the OPG for England and Wales, or the Office of the Public Guardian in Scotland, for example.

But if there is only one attorney and they die the lasting power of attorney will end and you’ll have to set up a new LPA.

Find out more

Talk to close family and loved ones and discuss the best options. Take your time, as your choice of attorney is an important decision.

It is recommended that the donor (the person setting up the power of attorney) and the attorneys get legal advice. This is to ensure the LPA is suitable and tailored to the donor’s wishes.

There is information and guidance on the website of the Office of the Public Guardian (for England and Wales and the equivalent in Scotland and Northern Ireland). Charities, such as Alzeimer’s Society, also have information about power of attorney online.

If you have questions or concerns you can always get in touch with your financial adviser, or seek specialist legal advice from a solicitor.

Advice in relation to LPAs involve the referral to a service that is separate and distinct to those offered by St. James’s Place and are not regulated by the Financial Conduct Authority.

Sources

^{1, 2} Alzheimer's Society - accessed May 2026