Every September, World Alzheimer’s Month shines a light on the millions of people living with dementia and the families supporting them. It is also a gentle reminder that the best time to plan for the future is while you are still able to make your own choices.
Almost one million people in the UK are living with dementia, and that number is expected to keep rising as we all live longer. Behind each of those numbers is a family working out how to help, often without knowing what they are legally allowed to do. Who can speak to the bank, who decides about care, and is the will still valid?
World Alzheimer’s Day falls on 21 September, and this year we want to use it to answer those questions plainly. Dementia is not the only condition that can affect someone’s ability to make decisions, but it is the one most families think about, and it shows very clearly why a will and a Lasting Power of Attorney are two of the kindest things you can put in place for the people you love.
If you would rather talk it through in person, our Wills & Probate team are always happy to help.
Why Dementia Changes Everything About Planning Ahead
Most of us assume we will get around to making a will or sorting out power of attorney at some point. The difficulty with dementia is that it can quietly take that choice away. To make a will or a Lasting Power of Attorney, you need to understand what the document does and what you are agreeing to, and the law calls this mental capacity.
Capacity does not disappear overnight, and a dementia diagnosis does not automatically mean someone can no longer make these decisions. Many people are able to put their affairs in order for months or years after a diagnosis. But it does mean the window is no longer open-ended, and once capacity has gone, the options for the family become slower, more expensive and far less personal.
That is why we encourage families to see World Alzheimer’s Month as a prompt to act while there is still a choice to be made.
Lasting Powers of Attorney: Choosing Who Speaks for You
A Lasting Power of Attorney, or LPA, is a legal document that lets you choose one or more people you trust to make decisions on your behalf if you become unable to make them yourself. The person making the LPA is called the donor, and the people chosen are called attorneys.
There are two types, and most people benefit from having both:
- Property and Financial Affairs LPA – covers things like paying bills, managing bank accounts, dealing with pensions and, if necessary, selling your home to fund care.
- Health and Welfare LPA – covers decisions about medical treatment, daily care and where you live. This one can only be used once you are no longer able to decide for yourself.
An LPA must be made while you still have capacity, and it must be registered with the Office of the Public Guardian before it can be used. The registration process is currently taking around 8-10 weeks, so it is worth starting early rather than waiting until it is needed.
If you are helping a parent or relative think about this, our guide to supporting a parent to make an LPA walks through what is involved and how to raise the conversation sensitively.
What Happens if There Is No LPA in Place?
This is the part many families only discover when it is too late. If someone loses capacity without an LPA, their loved ones have no automatic right to manage their money or make decisions about their care, even if they are married or have lived together for decades. Banks will freeze access to accounts, and care providers will not be able to take instructions from the family.
The only route at that stage is to apply to the Court of Protection to be appointed as a deputy. This can take many months, involves ongoing court fees and supervision, and the court, rather than the person themselves, decides who is appointed. It is a far more stressful and costly process than making an LPA, and it usually arrives at exactly the moment a family is already under pressure.
Can Someone with Dementia Still Make a Will?
Yes, in many cases they still can. The test is whether the person understands what a will is, roughly what they own, who might expect to benefit from it, and how those things fit together. A diagnosis of dementia does not rule this out, particularly in the earlier stages or on good days.
Where there is any doubt, a solicitor can arrange for a doctor or capacity specialist to confirm that the person understands what they are signing. This protects the will from being challenged later, which matters more than ever. Disputes over wills are becoming more common, and questions about capacity are one of the main reasons families end up in dispute after a death.
We explore the reasons behind this in our article on why inheritance disputes are increasing. A properly drafted, properly witnessed will, made with a solicitor while capacity is clear, is the simplest way to avoid your family going through that.
Why Having a Will Still Matters When You Have an LPA
It is easy to think that once an LPA is in place, everything is covered, however t is not. An LPA only works during your lifetime and ends the moment you pass. Your will takes over from that point and sets out who inherits what, who looks after any children, and who is responsible for sorting everything out.
Without a will, the law decides who inherits, and the outcome can be very different from what you would have wanted. Unmarried partners, stepchildren and close friends have no automatic entitlement, and the person left to deal with your estate may not be the one you would have chosen.
If you are not sure where to start, our guide to wills, estates and probate answers the most common questions we hear from clients.
Choosing the Right People: Attorneys and Executors
Both an LPA and a will ask you to name someone you trust. Your trusted attorneys act for you while you are alive, and your executors carry out your wishes after you die. Often families choose the same people for both, and that can work well, but it is worth thinking carefully about who is best suited to each role.
Being an executor is a real responsibility rather than an honorary title, and it is about to become more demanding. From April 2027, most unused pension funds are expected to be brought into the inheritance tax calculation, which means executors will have more to trace and more figures to verify. We explain what this means in our article on why being an executor is about to become more difficult.
Whoever you choose, tell them. A surprising number of people find out they are an attorney or executor only when the paperwork lands, and a short conversation now can make a difficult time much easier later!
Practical Steps You Can Take This September
You do not need to do everything at once, but a few small steps this month can make a real difference:
- If you do not have a will, make one, and if you do, check it still reflects your wishes and your family as it is today.
- Put both types of LPA in place, even if you are well. They sit in a drawer until they are needed.
- If a parent or relative has recently been diagnosed with dementia, have the conversation now rather than later, while they can still make their own choices.
- Write down where your important documents, accounts and online passwords are kept so your attorneys and executors are not left searching.
- Talk to the people you are naming so they understand what you are asking of them.
Talk to Our Wills & Probate Solicitors
Planning for a time when you may not be able to make your own decisions is not an easy thing to think about, but it is one of the most caring things you can do for your family. Getting the right documents in place early means the people you trust can step in without delay, and your wishes are respected whatever the future holds.
At Barker Booth & Eastwood, our Wills & Probate team have been helping families across Blackpool and the Fylde coast for decades. We will explain everything in plain English, take the time to understand your circumstances, and make sure nothing is missed. We can also store your will safely, so it is there when it is needed.
Ready to put your plans in place this World Alzheimer’s Month? Speak to our Wills & Probate Solicitors by calling 01253 362 500.
Disclaimer: The content of this website blog is for general awareness and insight. This is not legal or professional advice and readers should not act upon the information provided, they should seek professional advice based on their own particular circumstances. The law may have changed since this article was published.
FAQs
Can I make a Lasting Power of Attorney after a dementia diagnosis?
Often, yes. What matters is whether you understand what the LPA does at the time you sign it, not the diagnosis itself. Acting early after a diagnosis gives you the best chance of putting one in place.
What is the difference between an attorney and an executor?
An attorney makes decisions for you while you are alive but unable to do so yourself. An executor deals with your estate after you die, following the instructions in your will.
Do I need both types of LPA?
You can make one or both. Most people choose to have both, so that both their finances and their care are covered if they ever lose capacity.
What if my parent has already lost capacity?
If no LPA exists, a family member can apply to the Court of Protection to become their deputy. This takes longer and costs more than an LPA, but our team can guide you through it.
