Is It Too Late to Get Power of Attorney for My Mum?

It depends — but it's probably not too late yet. Many people with early-stage dementia or declining capacity can still make a valid Lasting Power of Attorney. But you need to act fast.

This is the question we hear most often from worried adult children. The good news? If you're asking this question now, there's a good chance there's still time. Let's find out.

The Quick Answer

Your mum can make an LPA if she has "mental capacity" to do so. This means she must understand:

• What an LPA is and what it does
• What powers she's giving away
• Who she's appointing as attorney
• That she can cancel it while she has capacity

Dementia diagnosis ≠ no capacity. People in early stages often CAN still make valid LPAs.

The key is acting now, not next month.

Signs You Can Still Get an LPA

Your mum likely still has capacity if she:

• Can hold a conversation about her affairs
• Understands she needs help managing things
• Recognises family members and relationships
• Can express preferences about who she trusts
• Has "good days" where she's more lucid

Capacity is decision-specific and can fluctuate. Someone might lack capacity for complex financial decisions but have capacity to choose who they trust to help them.

Signs It May Be Too Late

It's likely too late if your mum:

• Cannot recognise close family members
• Cannot understand what an LPA is after explanation
• Cannot retain information long enough to make a decision
• Has been formally assessed as lacking capacity
• Is in later stages of dementia

But don't assume — get a proper assessment.

What To Do Right Now

Step 1: Act Immediately

Don't wait another week. Capacity can decline rapidly, and once it's gone, it's gone. Tomorrow could be too late.

Step 2: Get a Capacity Assessment

If there's any doubt about your mum's capacity, get a medical assessment. This can be done by:

• Her GP (quickest option)
• A specialist (for complex cases)
• A solicitor who's experienced in capacity assessments

A doctor's letter confirming capacity at the time of signing protects the LPA from later challenges.

Step 3: Choose a Good Day

If your mum has good days and bad days, arrange the LPA signing for a good day. Make sure she:

• Is well-rested
• Has taken any regular medication
• Is in familiar surroundings
• Isn't rushed or pressured

Step 4: Use the Right Certificate Provider

Every LPA needs a "certificate provider" who confirms the person understands what they're signing. For someone with declining capacity, consider using:

• A solicitor experienced in elderly client work
• The GP (if they'll do it)
• Someone who knows your mum well AND can assess capacity

A strong certificate provider protects against challenges later.

If It Really Is Too Late

If your mum has lost capacity and there's no LPA in place, your options are limited but not zero:

Court of Protection Deputyship

You can apply to become a "deputy" — someone appointed by the court to make decisions. This involves:

• Completing detailed application forms
• Providing medical evidence of incapacity
• Paying court fees (around £400)
• Waiting 4-6 months for approval
• Ongoing supervision and annual fees

Deputyship is more expensive, more restrictive, and takes longer than an LPA. But if it's too late for an LPA, it's the only option.

What Deputyship Covers

You can apply for:

• Property and financial affairs deputy: Managing money, property, bills
• Personal welfare deputy: Care and medical decisions (rarely granted)

Most applications are for financial deputyship. Health decisions are usually made by doctors in the person's "best interests" rather than by a deputy.

LPA vs Deputyship: The Comparison

Factor	LPA	Deputyship
When can you get it?	While person has capacity	After capacity lost
Cost to set up	£82 per LPA	£400+ court fees plus legal costs
Time to get	8-12 weeks	4-6 months
Annual costs	None	£320 supervision fee
Who chooses attorney?	Your mum	The court
Oversight	Minimal	Annual reports, court supervision

The message is clear: LPA is better in every way. Get it while you still can.

Common Mistakes Families Make

"Let's Wait and See"

The biggest mistake. Capacity rarely improves. Every week you wait is a week closer to "too late."

"She'll Be Offended If I Ask"

Frame it as planning for everyone, not singling her out. Most parents are relieved their children are thinking ahead.

"The GP Said She Has Dementia, So It's Too Late"

A dementia diagnosis doesn't automatically mean no capacity. Get a specific capacity assessment for LPA.

"We'll Just Use Her Bank Card"

Using someone's accounts without authority is illegal. Banks can freeze accounts, and you could face prosecution. Don't take shortcuts.

What If There's an Old Power of Attorney?

If your mum made an Enduring Power of Attorney (EPA) before October 2007, this may still be valid. EPAs:

• Only cover financial matters (not health)
• Must be registered with the Office of the Public Guardian when capacity is lost
• Are still legally valid if properly made

Check if there's an existing EPA before assuming you need a new LPA.

Your Next Steps

1. Don't delay — every day matters
2. Talk to your mum — explain why this is important
3. Get a capacity assessment — if there's any doubt
4. Find an experienced solicitor — they can assess capacity and prepare the LPA properly
5. Consider both LPAs — property/financial AND health/welfare

The Old Way vs Our Way

The Old Way	Our Way
Wait until there's a crisis	Act now while there's still time
Assume dementia = too late	Get proper capacity assessment
Struggle with deputyship applications	Avoid deputyship with early LPA
Figure it out alone	Get expert guidance first