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When an individual develops dementia or begins to struggle with decision-making, families are often unsure what legal steps are required.
Common concerns include:
Whether a Lasting Power of Attorney (LPA) is in place
Whether the person still has mental capacity
Whether a will can still be made or updated
Who can manage finances or make care decisions
How care arrangements and care fees should be handled
Where capacity may be declining, acting quickly can be critical. If an elderly person wishes to make a will or update an existing will, specialist legal advice should be sought without delay. We can advise urgently in appropriate cases and act promptly to assess capacity and prepare legally robust wills where possible.
Our private client team provides specialist legal advice which helps ensure decisions are legally sound, properly documented and less likely to result in disputes later.
Common situations and triggers include :-
drafting Wills for individuals that are elderly or might have a progressive condition impacting their cognitive abilities
where family members of individuals who have already lost capacity (for Court of Protection applications) ned our advice.
where client’s want to safeguard and prepare for capacity issues in the future (e.g. making LPAs or Wills).
where elderly clients wishing to make or update a will.
advising Attorneys under existing LPAs.
advice for Deputies appointed by the Court of Protection.
where clients are arranging care for elderly relatives.
Our role is to provide calm, authoritative legal advice at a time when clarity and reassurance are essential.
Legally, a person must have sufficient understanding to make specific decisions about:
their finances and property
legal documents
living arrangements
healthcare and welfare
Capacity is decision-specific and may fluctuate.
We advise on whether capacity is likely to be present, whether medical evidence is required, and whether documents such as a will or Lasting Power of Attorney can still be put in place before capacity is lost.
A diagnosis of dementia does not automatically prevent someone from making a valid will. The key issue is whether they have testamentary capacity at the time the will is made.
We assist with:
urgent capacity assessments where appropriate - we can arrange a medical professional to assess capacity where required.
preparing wills where capacity remains
ensuring detailed attendance notes and medical evidence are obtained
reducing the risk of future challenges
Acting promptly and documenting the process carefully can significantly reduce the likelihood of later disputes.
If your relative still has capacity, putting a Lasting Power of Attorney in place is usually the most effective protective step.
We advise on suitability and prepare and register LPAs where appropriate.
For further information, please see our Lasting Power of Attorney page.
If capacity has already been lost and no LPA exists, an application to the Court of Protection may be required so that a deputy can be appointed to manage financial affairs.
We advise on whether a deputyship application is necessary and act in Court of Protection proceedings where appropriate.
For more information, please see our Court of Protection and Deputyship page.
When a relative requires residential or nursing care, legal advice for attorneys or deputies is often essential.
We advise attorneys and deputies on issues such as selling property or assets, managing financial affairs, funding care, and making significant financial decisions, ensuring they act within their legal authority and are protected from personal liability.
If a relative is experiencing dementia, cognitive decline or capacity concerns. or wishes to make or update a will urgently, contact our private client solicitors for confidential legal advice.
We will assess your situation promptly and guide you through the appropriate next steps.
Telephone -
9am to 5pm
Join Jacob Robinson, Partner and Technical Head of Private Client, alongside Krystal Ramsammy, Partner and Commercial Head of Private Client, and Malina Gupta, Partner, as they introduce the full range of Private Client services.
From writing or updating Wills to Trusts, Probate, and Estate Administration, hear how the team supports clients at every stage of life.
Call our team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
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