A dementia diagnosis does not automatically remove your right to make decisions. Mental capacity is assessed for the particular decision at the time it must be made, and it can fluctuate. Alzheimer’s Society estimates that around 1 million people are living with dementia in the UK. Planning early can give you more opportunity to record your wishes and choose who should act for you.
This is not about rushing anyone. It is about completing important documents while the person can understand and approve them.
Why Timing Matters
In England and Wales, a person is presumed to have capacity unless it is established otherwise. Someone may lack capacity for one decision but retain it for another. A dementia diagnosis alone therefore does not determine whether a person can make a will or lasting power of attorney.
For a will, the person generally needs to understand what making a will does, the broad extent of their estate and the people who might reasonably expect to benefit. They must also be able to make decisions without a mental disorder influencing the gifts in the will.
| Document | What it covers | When to consider it |
|---|---|---|
| Will | Distribution of the estate after death | As soon as the person is ready and has testamentary capacity |
| Health and Welfare LPA | Care, treatment and daily living decisions | While the donor has capacity to create it |
| Property and Financial Affairs LPA | Money, bills, accounts, investments and property | While the donor has capacity to create it |
| Executors and attorneys | The people who will carry out the will or make authorised decisions | Review alongside the will and LPAs |
Wills After a Diagnosis
Making or updating a will after diagnosis is possible. When making a will with dementia, the solicitor should meet the person directly, explain matters clearly and keep detailed attendance notes. A solicitor may recommend an assessment from an appropriately qualified medical practitioner where capacity could later be challenged.
This is particularly important where a new will changes earlier arrangements, excludes a close relative or follows remarriage. Careful records are among the steps to protect a will when capacity is in doubt.
The will must also satisfy the normal legal requirements. It must be made voluntarily, in writing and signed in the presence of 2 adult witnesses, who must then sign in the person’s presence. Choosing executors when a testator has Alzheimer’s also deserves thought, especially where relatives disagree or an intended executor is already under significant caring pressure.
Planning With LPAs
An LPA operates during the donor’s lifetime. There are 2 types. A Health and Welfare LPA can only be used when the donor lacks capacity for the relevant decision. A registered Property and Financial Affairs LPA may be used while the donor still has capacity if the document allows it and the donor gives permission.
An LPA must be registered with the Office of the Public Guardian before it can be used. GOV.UK currently advises that registration usually takes 8 to 10 weeks where there are no mistakes, so leaving it until a crisis can cause delays.
Marriage or civil partnership does not automatically appoint someone as an attorney. A bank or other organisation will normally require proof of legal authority before allowing someone to manage another person’s sole accounts. For joint accounts, the bank’s approach may depend on the account mandate and circumstances.
If there is no valid LPA, relatives may need to seek a property and financial affairs deputyship or a one-off Court of Protection order. Personal welfare deputies are appointed less routinely and usually only where ongoing authority is required. If a person cannot make a will, the Court of Protection can consider an application for a statutory will.
Frequently Asked Questions
Can someone with dementia make a valid will?
Yes, provided they have testamentary capacity when the will is made and the document is properly signed and witnessed.
Do both types of LPA have to be created?
No. However, they cover different decisions, so many people choose to make both.
Speak to Someone Who Understands This
Dementia will writing solicitors can help coordinate a will and LPAs while ensuring that the person remains at the centre of each decision. At Atalaw Solicitors, our wills for people with Alzheimer’s support is calm and practical. Contact us today to discuss the appropriate next steps.