Dementia and Power of Attorney: What Families Need to Know

A dementia diagnosis changes everything for a family. Alongside the emotional impact, there are urgent practical and legal questions — particularly around who can manage finances and make care decisions. This guide explains what families in Bridlington and East Yorkshire need to know about Lasting Powers of Attorney and dementia.

Why Power of Attorney Matters with Dementia

Dementia is progressive. While many people live well with the condition for years, it gradually affects the ability to make decisions about finances, property, and healthcare. Without a Lasting Power of Attorney in place, even a spouse or adult child has no automatic legal right to manage a loved one's affairs.

This means that without an LPA, family members cannot access bank accounts, pay bills, sell or remortgage property, or make decisions about care — even in an emergency. The capacity window, the period during which someone can still make legal decisions, can close unpredictably as dementia progresses.

Can Someone with Dementia Still Make an LPA?

Under the Mental Capacity Act 2005, a person has capacity to make an LPA if they can:

1. Understand the information relevant to the decision
2. Retain that information long enough to make the decision
3. Use or weigh that information to reach a decision
4. Communicate their decision (by any means)

This test is decision-specific and time-specific. Someone with early-stage dementia may have capacity on a good day but not on a bad one. That's why acting quickly is so important.

When creating an LPA, a certificate provider (an independent person such as a solicitor or GP) must confirm that the person understands what they're signing and is not being pressured. If there is any doubt about capacity, a formal medical assessment can be arranged to support the application.

What Happens If Dementia Progresses Without an LPA

If someone loses mental capacity without having an LPA in place, the only option is to apply to the Court of Protection for a deputyship order. This process is significantly more expensive, slower, and more restrictive than setting up an LPA in advance.

Beyond the cost, deputyship requires ongoing reporting to the Office of the Public Guardian, annual supervision fees, and a deputy bond. The deputy must apply to the court for permission to make significant decisions. It's a far more burdensome process for families already dealing with the challenges of dementia.

Types of LPA for Dementia Care

There are two types of Lasting Power of Attorney, and both are important when planning for dementia:

Property and Financial Affairs LPA — covers managing bank accounts, paying bills, selling property, managing investments and pensions, and dealing with tax. This LPA can be used as soon as it's registered, even while the donor still has capacity (with their consent).

Health and Welfare LPA — covers decisions about care arrangements, medical treatment, life-sustaining treatment, where someone lives, and day-to-day care needs. This LPA can only be used once the donor has lost capacity to make these decisions themselves.

Choosing Attorneys When Dementia Is a Concern

Choosing the right attorney is one of the most important decisions in the LPA process. There are several things to consider:

Joint vs joint and several: If you appoint attorneys "jointly", they must all agree on every decision. If you appoint them "jointly and severally", any attorney can act independently. For families dealing with dementia, joint and several is usually more practical — it means decisions can be made quickly without needing everyone to be available.

Replacement attorneys: These are backup attorneys who step in if an original attorney can no longer act. Given that dementia care can span many years, having replacements is a sensible precaution.

Professional attorneys: For larger or more complex estates, you might consider appointing a professional (such as a solicitor) as an attorney, either alone or alongside family members.

When choosing attorneys, consider: trustworthiness and integrity, proximity to the person with dementia, financial competence (for property and financial LPAs), and willingness to take on what can be a demanding role.

Planning Ahead: Making an LPA While You're Well

The most important message in this guide is this: don't wait. An LPA is not just for people who are unwell. It's a sensible precaution for any adult, at any age. Dementia can develop gradually or suddenly, and capacity can be lost without warning.

Making an LPA while you're fit and well means you have complete freedom to choose who acts for you, how they act, and what instructions and preferences to include. It also removes the pressure and urgency that comes with a diagnosis.

Dementia Support in Bridlington and East Yorkshire

If you or a loved one is living with dementia, you don't have to navigate this alone. There are excellent support services available locally and nationally:

• Alzheimer's Society — National Dementia Helpline: 0333 150 3456. Provides information, support groups, and local services across East Yorkshire.
• Dementia UK — Admiral Nurses and free helpline: 0800 888 6678. Specialist dementia support for families.
• Bridlington Dementia Activity Group — a local community group offering activities, social connection, and peer support for people living with dementia and their carers.
• Dementia Friendly East Riding — an initiative working to make local communities more dementia-aware and supportive.
• Age UK East Riding — practical support, advice, and befriending services for older people and their families.

How We Can Help

At Safe Harbour Legal, we understand the urgency and sensitivity that comes with a dementia diagnosis. We help families across Bridlington and East Yorkshire to put LPAs in place quickly and compassionately — including arranging home visits where needed. If capacity is a concern, we can work with medical professionals to ensure the process is handled properly.