July 23, 2026
When someone is diagnosed with dementia, it is important to put the right legal documents in place as early as possible. As dementia progresses, a person may lose the mental capacity needed to make or change decisions. Planning ensures their wishes are protected, and decisions can still be made when needed.
Around one million people in the UK are currently living with dementia, and this number is expected to rise. Because dementia affects capacity over time, legal documents should be considered soon after diagnosis.
Once capacity is lost, it may no longer be possible to put certain legal arrangements in place.
What legal documents are needed for someone with dementia?
The main legal documents to consider are:
- Lasting Power of Attorney for Property and Financial Affairs
- Lasting Power of Attorney for Health and Welfare
- A valid and up to date Will
These documents allow trusted people to make decisions about finances, health, care and estate matters if capacity is lost.
Why is a Lasting Power of Attorney important?
A Lasting Power of Attorney (LPA) allows someone to appoint a trusted person to make decisions if they lose mental capacity.
A Property and Financial Affairs LPA covers money, bills, pensions and property. A Health and Welfare LPA covers medical treatment, care and living arrangements.
If no LPA is in place, family members may need to apply to the Court of Protection before they can act. This can cause delay and additional cost.
Why is a Will important?
A Will sets out how a person’s estate should be distributed after death. Without a valid Will, the estate is distributed under intestacy rules, which may not reflect personal wishes.
A Will must be made or updated while the person still has capacity. Once capacity is lost, it is usually not possible to make changes.
When should these documents be put in place?
Legal documents should be prepared as early as possible after a dementia diagnosis. Dementia can affect capacity over time, and delays can limit what is possible legally.
Once capacity is lost, a Lasting Power of Attorney cannot usually be created and a Will cannot usually be changed.
Supporting clients and carers affected by dementia
Bates Wells & Braithwaite Solicitors actively support clients and carers affected by dementia. Our team regularly advises on Wills, Lasting Powers of Attorney and Court of Protection matters for families planning ahead or dealing with changing capacity.
We also support dementia awareness initiatives and community events, helping to improve understanding of the legal and practical challenges faced by those living with dementia and their families.
Need advice?
If you are supporting someone with dementia, or need advice on putting the right legal documents in place, Bates Wells & Braithwaite Solicitors can help.
Early advice can help ensure that Wills, Lasting Powers of Attorney and other arrangements are correctly set up and reviewed where needed.