What Affairs to Get in Order After a Diagnosis of Dementia

Receiving a new diagnosis of dementia (or suspected dementia) is life-changing and often brings practical, emotional, and legal considerations that need careful exploration and planning. As dementia is a progressive illness, and there is currently no cure or reversal, acting early, while you still have mental capacity, is essential. Early planning places you in an excellent position to make informed decisions about your future, including what you wish to happen when there comes a time that you are no longer able to make decisions for yourself.

This blog outlines the essential affairs to get in order, offering peace of mind for you and your loved ones.

Why It Is Important to Plan Now

Although there is no cure for dementia yet, some treatments, depending on the type of dementia, may help slow progression or manage symptoms. Nevertheless, dementia remains a progressive condition that increasingly impacts memory and cognition over time. It is highly likely that at some point you may lose the mental capacity to make key decisions about your health, welfare or finances.

Planning ahead and formalising your preferences helps ensure your wishes are respected wherever possible. Without firm plans regarding health, welfare or financial affairs, you may be at greater risk of crisis situations, family disagreement, or costly and complex court applications.

At Thornton & Lee, we are specialist providers of mental capacity assessments, and all our assessors have extensive experience supporting those with a dementia diagnosis through the assessment process.

Sorting Out Your Will

Making a will, or updating your current will, is one of the most important legal matters to consider after a new dementia diagnosis. You should ensure your will still reflects your wishes, that there have been no significant changes to your assets, marital status, children or dependants, and that you remain satisfied with your chosen executors, beneficiaries, and the division of your estate.

Can I Make a Will If I Have Dementia?

Yes. You can make a new will or change an existing one despite a dementia diagnosis, as long as you still have testamentary capacity. If your solicitor has any doubts, they might refer you to Thornton & Lee for a formal testamentary capacity assessment.

A dementia diagnosis does not automatically mean you lack testamentary capacity, but it can make your estate more vulnerable to legal challenge by individuals you have excluded from your will. For this reason, your solicitor may recommend a testamentary capacity assessment even if they have no concerns about your capacity. This ensures robust professional evidence is available via a testamentary mental capacity report, helping reduce the likelihood of a successful legal challenge to your estate after your death.

Set Up Lasting Powers of Attorney (LPAs)

In England and Wales, there are two main types of LPA:

• Property and Finance LPA – covers decisions about money and property, including banking, paying bills, and buying or selling property.
• Health and Welfare LPA – covers decisions about health, care, medical treatment, life-sustaining treatment (if you choose), where you live, and day-to-day care.

An LPA allows you, the donor, to choose trusted individuals (attorneys) to make decisions in your best interests should you lose the mental capacity to do so.

Only those with mental capacity can execute new LPAs. Once capacity is lost, the only option for someone else to manage your property and financial affairs is a Court of Protection application for a deputyship, which is more time-consuming and costly. Without a Health and Welfare LPA, decisions about your care and living arrangements, such as entering a care home, may fall to the local authority instead.

When choosing attorneys, it is vital to select individuals you trust to act in your best interests and uphold your wishes. You may wish to appoint two or more attorneys in case circumstances change for your appointed attorney. Some people choose professional attorneys, such as solicitors or financial advisors, if they don’t have a suitable family member or friend to act.  All LPAs must be registered with the Office of the Public Guardian before they can be used.

If you already have LPAs in place, review them after receiving a dementia diagnosis to ensure they still reflect your wishes and preferred attorneys. Once LPAs are executed, they should be periodically reviewed as circumstances evolve to ensure they still reflect your wishes and who you want to act.

If your memory has already been significantly affected, your solicitor may question whether you still have the capacity to execute new LPAs and whether a deputyship application may be more appropriate. At Thornton & Lee, we work with many individuals with progressed dementia who still hope to execute an LPA. Our LPA mental capacity assessment service includes completion of the COP3 form, the specialist assessment required for a deputyship application, at no extra charge if we cannot conclude you have capacity to execute a new LPA on the day, despite our very best efforts.

Having the Conversation: Your Wishes, Values and Future Care

It is essential to talk to your trusted people, such as your family, friends or attorneys, about your wishes. If you have executed LPAs, arrange a meeting with your attorneys and close family or friends to discuss:

• your preferences for future care
• your living arrangements
• medical treatments you would accept or decline
• views on life-sustaining treatment
• whether you wish to remain at home for as long as possible or would consider a care home

Making your wishes clear reduces the likelihood that they will be overlooked and helps avoid conflict or uncertainty among those trying to act in your best interests, once you have lost mental capacity.

It is also wise to write down your preferences regarding health, care or accommodation decisions. You could record a short video or audio statement about the things that matter to you, create a “living will”, or compose an advanced statement expressing how you wish to be treated.

If Capacity Is Already Lost: Deputyship and Help from Thornton & Lee

If your dementia has progressed to the point that you no longer have the capacity to make LPAs, an application to the Court of Protection will be required to appoint a deputy. This process is slower and more expensive than making LPAs, but it is essential to ensure someone has the legal authority to act in your best interests.

Without someone legally authorised to manage your property and financial affairs, your bank accounts could be frozen, bills may go unpaid, and if you need to move into a care home and fund this by selling your property, nobody would have the authority to sell it for you.

At Thornton & Lee, we undertake COP3 assessments daily. Our professional and skilled assessors are experts in understanding the Court of Protection’s requirements. All assessments are approached with the utmost kindness and respect.

Other Practical Matters to Review

You should also review:

• pensions
• insurance policies
• trusts and investments
• bank mandates and online banking access
• whether your attorneys know what is in place and how to access it

Consider advanced care planning and discussions with your GP or healthcare team about treatments you may wish to accept or decline in the future.

You may wish to contact your local authority to request a Care Act assessment to explore whether a care package could support you to stay safe and well at home for as long as possible. As your dementia progresses, you may be entitled to benefits such as Attendance Allowance, and any informal carers may also be entitled to Carer’s Allowance.

Being organised is key. Creating a folder in your home containing all important documents and contact details, such as your solicitor, GP, social worker and attorneys, can be invaluable for both your own independence and for those supporting you.

How Thornton & Lee Can Help

If you have a new dementia diagnosis and are considering executing a new will, revising your current will, or creating new LPAs, the friendly and professional team at Thornton & Lee can support you with any questions about mental capacity assessments.

To find the right mental capacity assessment option for your circumstances, please fill out our contact form here or call us today, and a member of our team will be in touch promptly to discuss your needs.