Legal Case Study

Making a Lasting Power of Attorney (LPA) during the early stages of dementia

The problem

Our client had recently been diagnosed with early stage dementia. He was concerned about how his son would be able to support him with managing his affairs in the future.

The process

We met with the client and his son to assess the client’s mental capacity. We established that the client currently had the mental capacity to legally make a Lasting Power of Attorney (LPA).

How this helped

When our client was diagnosed with dementia, he realised he was likely to need assistance in the near future to make decisions and manage his affairs. He wanted to be sure that his son would be able to step in easily when needed.

Lasting Powers of Attorney are documents designed for just this purpose. They allow a person – at any stage of their life – to legally record their wishes about who should make decisions for them should they no longer be able to.

Our client and his son were pleased to hear that a diagnosis of dementia is not an automatic barrier to being able to make an LPA. We met with them to fully assess the client’s mental capacity. After considering his overall behaviour, his level of understanding and the information he was able to provide, we were satisfied he understood the full nature of an LPA and therefore had the capacity to make one.

Time is obviously of the essence in these situations, so we prepared the LPA documentation ready for our client to sign as quickly as possible. When necessary, we can do this within twenty-four hours.

Once the LPA documentation had been signed, we registered it with the Office of the Public Guardian. Our client and his son were then able to focus on enjoying the present, safe in the knowledge that they were fully prepared for all future eventualities.

The result

We recorded the client’s wishes for the future in an LPA, where he was able to legally appoint his son as his attorney. This meant that if the client’s mental capacity was to deteriorate, his son would be able to step in to make decisions on his behalf.

Do you need assistance with a legal issue like this?

Dealing with legal issues can be confusing and stressful. We understand this, and we’re always on hand to untangle jargon and offer support.

Scroll to Top