Why Power of Attorney Is One of the Most Important Legal Steps in Dementia Care
When a loved one is diagnosed with dementia, it’s natural to focus first on the emotional and practical changes. But there’s another vital step that’s often overlooked: legal protection.
One of the most important tools to protect a person living with dementia — and the family around them — is a Power of Attorney (POA).
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows someone to appoint a trusted person (known as an attorney) to make decisions on their behalf if they lose mental capacity.
There are typically two types:
Financial decisions – managing bank accounts, paying bills, selling property
Health and welfare decisions – deciding on care arrangements, medical treatment, and daily routines
This legal safeguard helps avoid serious problems down the line, especially when it comes to making care decisions or accessing vital funds on a person’s behalf.
Can Someone with Dementia Still Create a POA?
Yes – a dementia diagnosis does not automatically prevent someone from making a POA.
If the person is in the early stages and still understands what the document is, what it does, and who they are appointing, they are legally allowed to grant it. This is known as having mental capacity at the time of signing.
That said, time is crucial. Because dementia is a progressive disease, delays could mean the opportunity is lost.
How Is Mental Capacity Checked?
Before a POA is signed, lawyers typically carry out an initial capacity assessment. If there’s any doubt, a specialist (such as a GP or psychiatrist) may be asked to confirm whether the person fully understands what they’re doing.
This step is essential, as POAs signed without capacity can be contested later on.
What Happens If It’s Left Too Late?
If the person with dementia has already lost mental capacity, a Power of Attorney can no longer be made.
Instead, family members must apply to the court for a legal right to act on their behalf:
In England and Wales, this is called a Deputyship Order through the Court of Protection
In Scotland, it’s a Guardianship Order via the Sheriff’s Court
In the United States, a Conservatorship is set up through the court system
These legal processes can take months, require extensive medical and legal documentation, and are often more expensive and stressful than arranging a POA in advance.
How Long Does It Take to Set Up a POA?
Setting up a Power of Attorney usually takes a few weeks — longer if there are complexities. You can create one through a solicitor or start the process yourself using government forms and guidance.
The key is to act early, while the person still has capacity.
Why It Matters
A Power of Attorney isn’t just a piece of paper — it’s peace of mind.
It ensures your loved one’s wishes are followed, and it allows family and carers to act with clarity and legal backing when decisions need to be made.
It helps avoid future delays, disputes, and distress — especially when emotions are already high.
The Bottom Line
If your loved one has recently been diagnosed with dementia and doesn’t yet have a POA in place, now is the time to act.
You don’t need to navigate it alone — speak with a solicitor, a carer support organisation, or your local authority for help.
Getting this in place early is one of the most loving and practical steps you can take.
