Can I Set Up an LPA for My Elderly Parent in England & Wales?

This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs — separate documents are required in those jurisdictions.

When a parent starts to struggle with everyday decisions, many adult children assume they can simply step in and help. The reality is more complicated — and acting too late can make the whole process significantly harder, more expensive, and in some cases impossible.

Here's what you need to know about setting up an LPA for a parent, what you can and cannot do, and what happens if the window has already passed. This guide explains how to set up a lasting power of attorney UK for a parent.

The Short Answer

You cannot set up an LPA on behalf of your parent. Under the rules around setting up a Lasting Power of Attorney in England and Wales, any person entering into an LPA must have mental capacity at the time the document is drawn up and signed. The LPA must be your parent's decision — made by them, in their own words, while they still understand what they are agreeing to.

What you can do is help them through the process — completing forms on their behalf, organising signings, and supporting them at every stage. But the decision to create the LPA, and the signing of it, must come from them. GOV.UK explains how to make a Lasting Power of Attorney in more detail.

What Is Mental Capacity — and Does My Parent Have It?

The Mental Capacity Act 2005 provides the statutory framework for assessing mental capacity in England and Wales, and it sets out five key principles: every adult is presumed to have capacity unless proven otherwise; all practicable steps must be taken to help an individual make their own decisions; individuals have the right to make decisions that may seem unwise; any decision made on behalf of someone who lacks capacity must be in their best interests; and decisions should be the least restrictive of the person's rights and freedoms.

In practical terms, your parent has mental capacity to make an LPA if they can:

• Understand what an LPA is and what it means to sign one
• Retain that information long enough to make the decision
• Weigh up the information and reach a decision
• Communicate their decision — by speaking, writing, or other means

Mental capacity is time and date specific, and decision specific. It is possible for a person to have mental capacity for some decisions whilst also lacking mental capacity to make other decisions. A diagnosis of dementia does not automatically mean your parent lacks capacity — many people in the early stages of dementia retain full capacity to make an LPA.

Can My Parent Still Make an LPA If They Have Dementia?

Possibly — and this surprises many families. A formal diagnosis of dementia does not automatically mean a person lacks the capacity to make decisions. You must assess whether evidence of deteriorating capacity may be restricted to isolated incidents or part of a broader decline that impacts the person's ability to understand, weigh, and communicate decisions.

If there is any doubt about your parent's capacity, a professional mental capacity assessment can be arranged — typically carried out by a solicitor, GP, or specialist assessor. This assessment provides written evidence that your parent had capacity at the time of signing, which protects the LPA against any future challenge.

Mental capacity can also fluctuate with time, so that someone may lack capacity at one point in time but may be able to make the same decision later. Where appropriate, it is important to allow the person time to make a decision themselves. Aim for a good day, at a time when your parent is rested and alert.

How You Can Help Your Parent Set Up an LPA

Even though you cannot make the LPA for your parent, you can do almost everything else:

Research and preparation

Find out which LPAs are needed, what the process involves, and what information will be required. Gathering this in advance makes the process much smoother for your parent.

Completing the forms

If your parent doesn't have access to the internet or feels unable to complete the LPA forms on a computer, you can help them create an LPA using the Office of the Public Guardian's online tool or through a power of attorney service in London. You can fill in the forms on their behalf — provided every decision within those forms is theirs, not yours.

Being named as attorney

The most common arrangement is for an adult child to be named as attorney on the parent's LPA. This is entirely appropriate — it is the parent making that choice, with full understanding of what it means.

Arranging the signing

Organise the witnesses, the certificate provider, and ensure the signing happens in the correct legal order. Being present and supportive during this process is perfectly acceptable.

Submitting the registration

Once signed, you can submit the LPA to the Office of the Public Guardian for registration on your parent's behalf.

What If You Are Named as Attorney — What Can You Do?

Once your parent's LPA is registered, your role as attorney depends on the type of LPA:

Property and Financial Affairs LPA

You can manage bank accounts and investments, pay bills, collect income and benefits, sell or rent property, and handle business matters. This LPA can be used while your parent still has mental capacity if they choose to allow this.

Health and Welfare LPA

You can make decisions about your parent's daily care, medical treatment, living arrangements, and — if specifically authorised — life-sustaining treatment. This LPA can only be used once your parent has lost mental capacity.

In both cases, you can only start to make decisions for the donor when they are unable to make decisions for themselves relating to the relevant area.

Warning Signs That You Need to Act Now

The biggest risk is waiting too long. Many families don't start thinking about an LPA until a parent has already had a significant health event — a stroke, a fall, or a rapid decline due to dementia. By that point, it may be too late.

Act now if your parent:

• Has been diagnosed with dementia, Parkinson's, or another condition that may affect capacity over time
• Is showing signs of memory loss or confusion — even early or occasional
• Has recently had a stroke, serious illness, or major surgery
• Is in their 70s or 80s and has not yet made an LPA
• Has expressed concern about the future and who will look after their affairs

It is hard to bring up topics like capacity with elderly parents. Yet early conversations can make a significant difference — for your parent's peace of mind and for your family's ability to act when needed.

What If My Parent Has Already Lost Capacity?

If your parent no longer has mental capacity, it is no longer possible to make an LPA. If you are caring for a person who hasn't made an LPA, you will need to apply to the Court of Protection to become their deputy. This is to be able to manage their finances for them. Do note that it can take several months for this to be set up. The process is also more expensive, with a higher cost for applying and ongoing fees after you've been appointed.

Deputyship through the Court of Protection typically involves:

• A court application fee of £371
• Legal costs that can range from £3,000 to £10,000
• A waiting period of 4 to 18 months before approval
• Ongoing annual supervision fees paid to the OPG

This compares to the total cost of both LPAs — £184 in registration fees — when set up in advance. The difference is stark.

Getting a Capacity Assessment

If your parent's capacity is in doubt, a formal capacity assessment provides crucial protection. If concerns are raised as to whether the individual had mental capacity at the time the document was drawn up, this is a serious issue and will be investigated by the Office of the Public Guardian. Should the OPG suspect that the person did not have mental capacity at the time the LPA document was executed, the LPA will be discarded as invalid, and the Court of Protection might need to make a decision about a deputy being appointed instead.

A capacity assessment carried out by a qualified professional — a solicitor, GP, or specialist assessor — provides a written record that your parent had capacity at the time of signing. This protects the LPA against future challenge by other family members or institutions.

How to Start the Conversation With Your Parent

Many adult children find this the hardest part. A few approaches that help:

Frame it as planning, not decline: "This is something everyone should have, like a will. Let's sort it while it's straightforward."

Share your own plans: "I'm setting up my own LPA — shall we do it together?"

Use a specific trigger: A friend's experience, a news story, or a health event can open the door naturally.

Focus on choice: "This is about you choosing who you trust, rather than the law deciding for you."

Involve a professional: Sometimes parents respond better to a solicitor or financial adviser raising the topic than to their own children.

Checklist: Helping Your Parent Set Up an LPA

• ☐ Have an open conversation about the need for an LPA
• ☐ Establish that your parent has mental capacity — consider a professional assessment if in doubt
• ☐ Decide which LPAs are needed (both types recommended)
• ☐ Agree who will be named as attorney(s) and replacement attorneys
• ☐ Choose a certificate provider — independent from the attorney
• ☐ Complete the forms online, with your parent making all key decisions
• ☐ Arrange the signing in the correct legal order
• ☐ Submit to the OPG for registration (£92 per LPA)
• ☐ Store the registered LPA safely and tell relevant parties where it is

The Most Important Thing

Many people assume that their spouse or children can automatically make decisions for them if they become ill or unable to manage their affairs. Unfortunately, that is not the case — no one, not even your next of kin, has an automatic legal right to act for you without formal authority.

The sooner your parent makes an LPA, the more in control they remain — and the more protected your family will be when it matters most.

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*"This article is for informational purposes only and does not constitute legal advice. This guide covers Lasting Powers of Attorney in England and Wales only. Scottish and Northern Irish law differs — separate documents are required in those jurisdictions. For complex situations or where mental capacity is in doubt, we recommend seeking independent legal guidance."*

Read about what happens without an LPA in place.

You can create LPA online — London and all of England & Wales supported. Start your LPA today while your parent still has capacity.

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