Dementia Action Week | A guide to getting affairs in order after dementia diagnosis

Dementia Action Week is an annual awareness campaign led by Alzheimer’s Society, designed to encourage earlier diagnosis, improve understanding, and promote better planning for people affected by the disease. Here, our expert shares her guide to getting affairs in order following dementia diagnosis.

Despite growing awareness, around 1 in 3 people living with dementia in the UK still do not have a formal diagnosis, highlighting the importance of timely action and forward planning. A dementia diagnosis can feel overwhelming, but it does not remove a person’s legal rights or automatically mean they are unable to make.

Many individuals continue to manage aspects of their lives independently, particularly in the early and middle stages of the condition. However, it does make early legal and financial planning essential. So, what are the key steps individuals and families should consider following a dementia diagnosis? In this guide, our experts share their insights on mental capacity, wills, and powers of attorney.

Understanding dementia and mental capacity

Dementia is an umbrella term for a range of progressive neurological conditions that affect memory, reasoning, communication, and decision-making.

Under the Mental Capacity Act 2005, a person is presumed to have capacity unless it is  proven otherwise. Capacity is both decision-specific and time-specific, meaning someone may be able to make certain decisions but not others, and that capacity may fluctuate over time.

A person is considered to lack capacity only if they cannot understand relevant information, retain it long enough to make a decision, weigh up the available options and communicate their decision.

Importantly, a diagnosis alone is not enough to assume incapacity. Individuals may continue to make legally valid decisions for some time after diagnosis.

Why early planning matters after dementia diagnosis

One of the key implications of dementia is that capacity may decline over time. Early planning ensures a person can make legally valid decisions about:

• property and finances
• healthcare and welfare
• wills and inheritance
• future care preferences

Once capacity is lost, options become more limited. Decisions may need to be made through the Court of Protection, a process that can be time-consuming, costly and stressful for families.

Making or updating a will

A valid will can only be made if the person has testamentary capacity. This means they must understand what a will does, the nature and value of their assets, and who might reasonably expect to benefit.

As dementia can affect memory and understanding, it is advisable to create or review a will as early as possible after diagnosis. Where there may be any doubt, legal professionals often recommend obtaining a contemporaneous capacity assessment.

Without a valid will, the estate will be distributed under the rules of intestacy, which may not reflect the individual’s wishes.

Lasting powers of attorney 

A lasting power of attorney (LPA) is one of the most important legal tools available after a dementia diagnosis. It allows a person (the “donor”) to appoint trusted individuals to make decisions on their behalf if they lose capacity or for the property and financial LPA, should they need assistance whilst they still retain mental capacity.

There are two types:

• Property and Financial Affairs LPA
• Health and Welfare LPA

An LPA can only be made while the person still has mental capacity. Once registered, it provides reassurance that decisions will be made by someone the individual trusts, and in their best interests.

Importantly, spouses and family members do not automatically have legal authority to make decisions without an LPA.

What happens if capacity is lost?

If no LPA is in place and a person loses capacity, family members may need to apply to the Court of Protection to be appointed as a deputy.

A deputy has similar responsibilities to an attorney but is appointed by the court, not chosen by the individual. This process can be lengthy and involves ongoing Court supervision, which is why early planning is strongly advised.

Best interests and decision-making

When a person lacks capacity, any decisions made on their behalf must comply with the best interests principle under the Mental Capacity Act.

This means considering the person’s past and present wishes, beliefs and values, the views of family members and carers and whether the decision is the least restrictive option.

The law is clear that decisions should not simply reflect what others think is best, but what best aligns with the individual’s own values and preferences.

Practical steps after a dementia diagnosis

Following a diagnosis, families should consider the following steps:

Seek a capacity-aware legal review

An experienced lawyer can assess whether the person can still make valid legal decisions.

Make or update LPAs as a priority

Capacity can fluctuate or decline unexpectedly, which makes early action crucial.

Review existing wills and estate planning

Ensure documents reflect current wishes and meet capacity requirements.

Organise financial information

This includes bank accounts, pensions, insurance policies, and digital assets.

Discuss future care preferences

Conversations about care arrangements, medical treatment, and living arrangements are best held early.

Support during Dementia Action Week

Dementia Action Week highlights the importance of earlier diagnosis and proactive planning. Research shows that 91% of people affected by dementia believe a diagnosis is beneficial, as it helps them access support, treatment, and planning at an earlier stage.

Legal planning is not just about documents and procedures. It is about preserving dignity, maintaining control, and providing peace of mind for individuals and their families.

Our lawyers Simon Cook and Leah Vincent are proud to be Dementia Friends, a national initiative led by the Alzheimer’s Society to improve understanding of dementia and its impact on daily life. Dementia Friends training enables our team to offer a more patient, supportive and accessible service to clients living with dementia and those supporting a loved one.

A dementia diagnosis is not the end of independence, but it is an important point for decision-making. The law in England and Wales is designed to protect autonomy wherever possible, while providing safeguards as capacity changes over time. Early legal planning, particularly around wills and LPAs, remains the most effective way to ensure a person’s wishes are respected throughout the progression of the condition.

If you have any questions or queries about LPAs, wills or planning for the future following a dementia diagnosis, please don’t hesitate to get in touch with our friendly team of experts.