8/27/25, 3:11 PM
Managing Your Legal Affairs After a Dementia Diagnosis - Larcomes
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Managing Your Legal Affairs After a Dementia Diagnosis May 28, 2025 | Mental capacity, Wills trust probate | 0 comments
Dementia Action Week takes place from 19–25 May 2025. The annual campaign is run by the Alzheimer’s Society to raise awareness of dementia and support people affected by the disease. Research shows there are currently around 982,000 people living with dementia in the UK. However, more than a third of people with the condition do not have a diagnosis. This year’s Dementia Action Week campaign focuses on the importance of an early diagnosis for people affected by dementia, which is vital to give people access to the care, treatment and support they need.
https://www.larcomes.co.uk/managing-your-legal-affairs-after-a-dementia-diagnosis/
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Managing Your Legal Affairs After a Dementia Diagnosis - Larcomes
Being diagnosed at an earlier stage gives people living with dementia an opportunity to adjust and plan for the future. Putting in place certain legal documents, such as a Will and a Lasting Power of Attorney (LPA), is a crucial part of this process and provides invaluable peace of mind for those with dementia and their loved ones. However, is it possible to make a Will if you have been diagnosed with dementia? Can people with dementia sign legal documents? What happens if you are diagnosed with dementia and have no lasting power of attorney in place? In this blog, our experienced Private Client Solicitors answer some frequently asked questions about managing your legal affairs if you have dementia.
Can you make a Will if you have dementia? Yes. A person living with dementia can still write or update a Will, provided they have the ‘testamentary capacity’ to do so. This means they can understand what they are doing and the effect it will have.
What is testamentary capacity? To have testamentary capacity to make a valid Will, a person must be able to show: 1. Understanding.The testator (the person making the Will) must be able to realise what they are doing, why they are doing it, and the consequences their actions will have. 2. Awareness of assets. They must know what assets, such as property, savings and other personal effects, they have. 3. Awareness of the beneficiaries. Testators must be able to choose who will benefit from their assets and understand the implications of this. 4. Decision making. They must demonstrate independent and rational decision-making that is not influenced by others. As dementia is a progressive disease with symptoms that get worse, it is crucial to make a Will as soon as possible following a diagnosis, as someone’s ability to do so may be further compromised as time goes on. Larcomes is a dementia-friendly business. Our team of experienced solicitors offer people with dementia and their families a supportive and welcoming environment for help with all their legal affairs. If you, or one of your loved ones, has been diagnosed with dementia and needs legal advice on estate planning, get in touch with Larcomes today. To speak to one of our specialist Wills or Lasting Powers of Attorney solicitors, please call 023 9244 8100 or make an online enquiry.
https://www.larcomes.co.uk/managing-your-legal-affairs-after-a-dementia-diagnosis/
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8/27/25, 3:11 PM
Managing Your Legal Affairs After a Dementia Diagnosis - Larcomes
Who assesses testamentary capacity?
Testamentary capacity is assessed when you instruct a solicitor to make a Will and at all further meetings, including when the Will is signed and witnessed. There is no legal requirement to involve a doctor to prove someone with dementia has the testamentary capacity to make a Will. However, the courts have a ‘golden rule’ that, if someone has dementia or another condition that might affect their decision-making, then it is advisable to get a doctor or medical professional to say they are of ‘sound mind’ to make the Will. This can be helpful in the future should anyone attempt to dispute it.
What happens if you don’t have the mental capacity to make a Will? If someone lacks the testamentary capacity to make a Will, you can apply to the Court of Protection for them to make or change a Will on their behalf. This is known as a statutory Will. Applications for a statutory Will are usually made by a person authorised to act on the person’s behalf and can be complicated and costly. A solicitor will be able to advise on when it is appropriate to apply to the Court of Protection for a statutory Will and guide you through the process involved.
Can someone with dementia make a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) enables you to choose someone you trust to make decisions on your behalf. As for Wills, someone with dementia can make an LPA, as long as they have the mental capacity to do so.
What happens if someone has dementia and no power of attorney? If you lose capacity and do not have a valid LPA, the people you may want to make decisions on your behalf will not automatically have control of your affairs. Your loved ones may need to make an application to the Court of Protection to act as your deputy, which can be stressful, time-consuming, and costly.
Private Client Solicitors Portsmouth At Larcomes, our experienced and friendly private client solicitors provide a wide range of specialist legal services for elderly and vulnerable people, children, their relatives, and https://www.larcomes.co.uk/managing-your-legal-affairs-after-a-dementia-diagnosis/
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8/27/25, 3:11 PM
Managing Your Legal Affairs After a Dementia Diagnosis - Larcomes
carers. Issues affecting older and vulnerable clients can be complex and varied. Our private client solicitors in Portsmouth and Waterlooville can help people living with dementia and their families in several areas, including: Wills. Lasting Powers of Attorney. Court of Protection (including Deputyship, Gifting and Statutory Will Applications). Ongoing support and advice for Attorneys and Deputies. Mental Capacity Issues. Residential Care Issues. Property Issues. Financial Abuse. Safeguarding. Vulnerable Adults and Children. We will take the time to understand your situation, ensuring you understand and are comfortable with our advice. For more information, or to speak to a private client solicitor today, please call 023 9244 8100 or make an online enquiry.
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