Mental capacity means the ability to make or communicate specific decisions at the time they need to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision.
Where someone is having difficulty communicating a decision, an attempt should always be made to overcome those difficulties and help the person decide for themselves. You can access more information about how to assess mental capacity at GOV.UK
How do I set up Lasting Power of Attorney (LPA)?
You can set up an LPA yourself. Simply contact the Office of the Public Guardian for an information pack and the forms you need. Alternatively, you can download the forms or fill them out online via the Office of the Public Guardian
You’ll need to decide who to appoint as an attorney. Making decisions on behalf of someone else can be difficult, so think carefully about who to appoint, and talk to them about it before you go ahead.
You do not need a solicitor to set up an LPA, but you may want to seek professional advice if you don’t feel confident in completing the documents on your own, or if your personal circumstances are complex.
As with all legal documents, your LPA will need to be signed by all named parties (you and the attorneys) and witnessed by someone independent.
The LPA must be registered with the Office of the Public Guardian before it can be used. There's a fee of £82 to register your LPA. If you’re on a low income or in receipt of certain benefits you may be able to obtain a reduction in or exemption from this fee. For more information see how to claim a power of attorney fee refund
You must register your LPA while you still have the mental capacity and it can’t be used during the registration process which takes about 9 weeks. If you lose mental capacity but signed the LPA while you still had mental capacity, your attorney can register it for you.