Dementia and legal capacity

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.

When To Consider Instructing Us

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.

Understanding Mental Capacity

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.

Making or Updating a Will

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.

Lasting Power of Attorney

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.

Court of Protection & Deputyship

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.

Financial Management

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.

Contact Us

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.