Start with your parent's wishes, not yours
The donor decides whether to make a lasting power of attorney, who the attorneys will be and what choices or instructions to include.
Family members can help with the practical process, but the donor must not be pressured and must understand the significance of what they are signing.
Mental capacity is essential
A person must have mental capacity when they make a lasting power of attorney. Capacity is decision-specific and should not be assumed to be absent simply because someone is older, has a diagnosis or sometimes needs help.
The certificate provider has an important safeguard role: they confirm that the donor understands the document and is not being forced to make it.
What if your parent has already lost capacity?
If your parent cannot make the relevant decision and does not already have a valid lasting or enduring power of attorney covering it, a new lasting power of attorney may no longer be available.
Depending on the decision needed, an application to the Court of Protection for a deputyship or a one-off order may be relevant. That is a different legal process and appropriate advice may be useful.
A useful conversation to have early
Planning while everyone can discuss wishes calmly can make later decisions easier. Ask who your parent trusts, whether they want one or both types, and whether they want replacement attorneys.
You can then help gather names, addresses and dates of birth before starting the online questionnaire.
Common questions
Questions people ask about this
Can I fill in the information for my parent?
You can help with the practical process, but your parent must be the donor and must make the choices while they have the required mental capacity.
Does dementia automatically prevent someone making one?
No. Capacity is decision-specific. A diagnosis by itself does not determine capacity for every decision.
What if my parent no longer has the required capacity?
A Court of Protection route, such as deputyship or a one-off order, may be relevant depending on the circumstances.
Official guidance used for this guide
We use current Office of the Public Guardian and GOV.UK guidance as the primary reference for legal and registration information.
General information for England and Wales, not individual legal advice. Government rules, fees and processing times can change. Check current official guidance before registration.