Do You Need a GP Letter for Power of Attorney? Medical Evidence Explained

One of the most common questions we receive at myLPA is whether you need a letter from your GP to create a Lasting Power of Attorney. The short answer is: usually not. But there are important exceptions, and understanding when medical evidence is helpful can save you significant problems later.

This guide explains exactly when a GP letter might be needed, what role the certificate provider plays, and how mental capacity assessments work in the LPA process.

The Simple Rule

If the person creating the LPA (the donor) clearly has full mental capacity, no GP letter is needed.

Most LPAs are created by people who are perfectly healthy and mentally sharp. They are planning ahead — exactly as they should be. In these cases, the standard LPA process is sufficient, and no medical evidence is required.

The certificate provider — a person who confirms the donor understands the LPA — is the safeguard built into the process. For most people, this is all that is needed.

When a GP Letter Might Be Helpful

A GP letter or medical assessment becomes relevant when there is any question about the donor's mental capacity. This might apply if:

The donor has been diagnosed with early-stage dementia
The donor has had a recent stroke or brain injury
The donor has a condition that could affect cognitive function
The donor is elderly and showing signs of confusion
The donor has periods of lucidity mixed with confusion
Family members disagree about whether the donor has capacity

Important: Having a health condition does not automatically mean someone lacks capacity. Many people with early-stage dementia, for example, still have the legal capacity to create an LPA. A GP letter can confirm this.

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Understanding Mental Capacity

Mental capacity is a legal concept defined by the Mental Capacity Act 2005. To create an LPA, a person must understand:

What an LPA is — a document that gives someone else power to make decisions for them

Why they are making it — to plan for a time when they cannot make decisions themselves

Who they are appointing — and what powers those people will have

The consequences — including the risk that an attorney could misuse their power

The law assumes everyone has capacity unless there is reason to believe otherwise. Capacity is also decision-specific — someone might lack capacity to manage complex investments but still have capacity to create an LPA.

The Certificate Provider Role

Every LPA requires a certificate provider. This is someone who confirms that:

The donor understands the purpose and scope of the LPA
No one is pressuring the donor into making the LPA
There is no fraud or undue influence involved

Who can be a certificate provider?

There are two categories:

Category A — Someone who has known the donor personally for at least two years. This could be a friend, neighbour, colleague, or fellow member of a club or organisation. They do not need any professional qualifications.

Category B — Someone with relevant professional skills. This includes:

Registered healthcare professionals (doctor, nurse, psychologist)
Solicitors or barristers
Social workers
Independent mental capacity advocates
Other professionals the OPG considers suitable

Key point: Your GP can act as certificate provider, but they are not required to. Any qualifying person can fill this role.

When to Ask Your GP for a Letter

There are specific situations where getting a GP letter is strongly advisable:

1. The donor has a diagnosed cognitive condition

If someone has been diagnosed with dementia, Alzheimer's, or another condition affecting cognition, a GP letter confirming they currently have capacity to create an LPA provides powerful legal protection.

This letter should confirm:

The GP has assessed the patient
In the GP's clinical opinion, the patient understands what an LPA is
The patient can make this specific decision at this time
The assessment date

2. The donor's capacity might be challenged later

If there is any chance that family members or others might challenge the LPA in the future, a GP letter provides contemporaneous evidence of capacity. This can be invaluable if disputes arise years later.

3. The certificate provider wants reassurance

Sometimes the person acting as certificate provider is unsure about the donor's capacity. A GP assessment can give them the confidence to sign.

4. The donor is in a care home

Care home residents sometimes face additional scrutiny. A GP letter can help smooth the process.

How to Get a GP Letter

If you decide a GP letter is advisable:

Step 1: Book an appointment with the donor's GP. Explain that you need a mental capacity assessment for creating an LPA.

Step 2: The GP will conduct an assessment, typically involving:

A conversation about the LPA and what it means
Questions to test understanding and recall
An assessment of whether the donor is being pressured
Possibly a formal cognitive assessment tool

Step 3: The GP writes a letter confirming their clinical opinion on the donor's capacity to create an LPA.

Cost: Most GPs charge for this service as it is not covered by the NHS. Expect to pay £100 to £300 for a capacity assessment letter. Some GPs may charge less.

Timing: Book the assessment as close as possible to the date the LPA will be signed. Capacity can change, so a recent assessment is more valuable.

What If the GP Says the Person Lacks Capacity?

If the GP determines the donor does not have capacity to create an LPA, then unfortunately the LPA cannot be made. This is why we always stress the importance of creating your LPA early, while you are well.

The alternatives if someone has already lost capacity are:

Court of Protection Deputyship — a court-appointed deputy makes decisions (costly, time-consuming)
Existing LPA — if one was made previously, it can still be used
Appointeeship — for benefits and certain financial matters only

This is exactly why acting early matters so much. Once capacity is lost, the opportunity to create an LPA is gone forever.

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GP Letter vs Certificate Provider — What Is the Difference?

People often confuse these two roles:

Certificate Provider

GP Letter

Required?	Yes, always	No, only when capacity is in question
Who?	Someone who knows the donor or a professional	The donor's GP or another doctor
What they confirm	Donor understands the LPA and is not being pressured	Donor has clinical mental capacity
Cost	Usually free (if using someone who knows the donor)	£100-£300 typically
Part of the LPA form?	Yes, they sign the LPA	No, it is a separate letter

Bottom line: The certificate provider is mandatory. A GP letter is optional but recommended when there is any doubt about capacity.

Can a GP Refuse to Provide a Letter?

Yes. A GP might refuse for several reasons:

They do not feel qualified to assess capacity
They have not seen the patient recently enough
They believe the patient lacks capacity
Their practice does not offer this service

If your GP refuses, you can:

Ask for a referral to a specialist
Contact a private mental capacity assessor
Try another GP at the same practice
Seek an independent psychiatrist assessment

Common Mistakes to Avoid

1. Waiting until capacity is failing The biggest mistake is waiting too long. If you are reading this because a loved one is showing signs of confusion, act immediately. Capacity can deteriorate quickly, and once it is gone, the window closes.

2. Assuming a diagnosis means no capacity A dementia diagnosis does not automatically mean someone cannot create an LPA. Many people in the early stages have full legal capacity. Get an assessment rather than assuming.

3. Not getting evidence when you should If there is any doubt, get a GP letter. The cost of £100 to £300 is tiny compared to the £1,000 to £5,000 cost of a Court of Protection application if you cannot create an LPA later.

4. Using an old assessment A capacity assessment from six months ago may not reflect current capacity. Get a fresh assessment close to the date of signing the LPA.

5. Confusing GP letter with certificate provider They serve different purposes. You always need a certificate provider. You only sometimes need a GP letter.

Frequently Asked Questions

Do I need a GP letter to create a standard LPA?

No. If the person creating the LPA is mentally well and clearly has capacity, no GP letter is needed. The certificate provider's confirmation is sufficient.

How much does a GP capacity assessment cost?

Typically £100 to £300. This is a private service not covered by the NHS. Some GPs charge less for a simple letter.

Can my GP be my certificate provider?

Yes. Your GP can act as a Category B certificate provider. However, they may charge for this service.

What if my relative has early dementia — can they still make an LPA?

Often yes. Early-stage dementia does not automatically mean someone lacks capacity. A GP assessment can confirm whether they have sufficient capacity to create an LPA. Act quickly, as capacity can decline.

Is a GP letter legally required for people with dementia?

No, it is not legally required. However, it is strongly recommended. A GP letter provides evidence of capacity that can protect the LPA from being challenged later.

What happens if we skip the GP letter and the LPA is challenged?

Without medical evidence, it can be harder to defend the LPA if someone claims the donor lacked capacity when they signed it. A contemporaneous GP letter is the strongest protection.

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Create Your LPA Today

Do not wait until capacity is a concern. The best time to create your LPA is while you are completely well.

With myLPA, you can create your Lasting Power of Attorney from just £74 — the cheapest service in the UK. Our guided process makes it simple, and our experts check every application.

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Do You Need a GP Letter for Power of Attorney? Medical Evidence Explained