Setting up a lasting power of attorney for an elderly parent: what families get wrong

Most families think about a lasting power of attorney for an elderly parent only when a health crisis makes it feel necessary. By that point, the options are often more limited than they should be.

The LPA must be made while the person making it has sufficient mental capacity. That window can close faster and less predictably than most families expect.

The capacity requirement explained

Mental capacity under the Mental Capacity Act 2005 means the ability to understand information relevant to the decision, retain that information, weigh it up, and communicate a decision. Capacity is decision-specific: someone may have capacity for some decisions but not others.

A diagnosis of dementia does not automatically mean your parent lacks capacity to make an LPA. In the early stages, many people retain sufficient capacity. But it needs to be assessed carefully, and a solicitor may ask for supporting evidence from a GP or specialist.

What happens if your parent has already lost capacity

If your parent no longer has the mental capacity to make an LPA, the option is closed. The only route to formal legal authority over their finances and care is through the Court of Protection.

Applying for a deputyship typically takes six months or more to complete. During that time, bank accounts may be inaccessible and care arrangements may be difficult to formalise. Once appointed as a deputy, you must file annual accounts and reports with the Office of the Public Guardian.

How to raise the conversation

Many families delay because they do not know how to raise the topic without it feeling like a threat. There is no perfect script, but the most useful framing is usually practical rather than medical.

Explaining that an LPA protects your parent's wishes, rather than taking control from them, tends to land better than talking about dementia or incapacity. Pointing out that making an LPA while healthy means the person making it is in charge of all the choices tends to help.

What the process looks like in practice

• Your parent chooses their attorneys and any restrictions
• A certificate provider confirms capacity and understanding
• The LPA is signed and submitted to the OPG
• Registration takes around ten weeks and costs £82 per LPA
• The registered LPA can then be used when needed

The right time to act

The right time to start this conversation with an elderly parent is before there is any cause for concern about their mental capacity. Not because you expect anything to go wrong, but because the document is most useful when there is no urgency.

Devonshire Wealth connects families with LPA specialists and solicitors who are experienced in supporting elderly clients and their families through this process. Visit our lasting power of attorney page to find a specialist who can help.