Legal Advice following a Dementia Diagnosis

Dementia Legal Advice Solicitors

A diagnosis of dementia can bring uncertainty and raise important questions about the future. Families are often faced with decisions about managing finances, making healthcare choices and ensuring legal affairs are in order.

At Gepp Solicitors, our experienced Private Client team provides practical and sensitive legal advice to individuals living with dementia and their families. Whether you need advice about Lasting Powers of Attorney, deputyship applications, Wills, trusts or Court of Protection matters, we can help you put the right arrangements in place and plan for the future with confidence.

We understand that every family’s circumstances are different. Our aim is to provide clear guidance and support at what can be a challenging time, helping to protect the interests of vulnerable individuals while providing reassurance to loved ones.

How Can We Help Following a Dementia Diagnosis?

There are a number of important legal matters that should be considered following a dementia diagnosis.

Lasting Powers of Attorney

If an individual still has mental capacity, they may be able to put Lasting Powers of Attorney in place. These documents allow trusted family members or friends to make decisions on their behalf should they lose capacity in the future.

Deputyship Applications

Where a person has already lost mental capacity and no Lasting Power of Attorney is in place, it may be necessary to apply to the Court of Protection for a Deputyship Order. We can advise families throughout this process and assist with applications.

Wills and Estate Planning

A dementia diagnosis does not automatically prevent someone from making or updating a Will. The key issue is whether the individual has the necessary mental capacity to understand the decisions they are making. Our solicitors can advise on capacity assessments, Will preparation and estate planning.

Trusts and Asset Protection

Trusts can be an effective way to manage and protect assets for future generations. We can advise on the use of trusts and wider estate planning arrangements where appropriate.

Court of Protection Matters

We regularly advise on Court of Protection applications and can provide support where decisions need to be made on behalf of someone who no longer has capacity to manage their own affairs.

Frequently Asked Questions About Dementia and Legal Capacity

Can Someone with Dementia Make a Will?

Possibly. A person with dementia may still be able to make or update a Will provided they have the mental capacity to understand the nature and effect of the document at the time it is signed.

Can Someone with Dementia Make a Lasting Power of Attorney?

Yes, provided they still have sufficient mental capacity to understand the purpose and effect of the Lasting Power of Attorney.

What Happens if no Lasting Power of Attorney is in Place?

If a person loses capacity without putting a Lasting Power of Attorney in place, family members may need to apply to the Court of Protection to be appointed as a Deputy. This process is often more time-consuming and expensive than creating an LPA in advance.

Speak to Our Private Client Team

If you or a family member has received a dementia diagnosis and would like advice about Powers of Attorney, Deputyships, Wills, Trusts or Court of Protection matters, our experienced Private Client solicitors are here to help. Contact us today to discuss your circumstances and arrange an appointment.

Facts from The Alzheimer’s Society

One in three people born in the UK today will develop dementia in their lifetime.
A report in 2024, commissioned by Alzheimer’s Society, shows that around a million people in the UK have a form of dementia.
This is projected to rise to 1.4 million people by 2040.
Dementia affects 1 in 11 people over the age of 65.
There are over 70,000 people living with young onset dementia – where symptoms develop before the age of 65.
It is estimated that 70 per cent of people in care homes have dementia or severe memory problems.
More than 25,000 people from Black, Asian and minority ethnic groups in the UK are affected by dementia.

We are here to help plan for a better future

Case studies

We have helped a family obtain permission from the court of protection to transfer a commercial property in London from an incapable person to his children as an IHT mitigation exercise.
Gepp Solicitors have assisted an elderly client with a diagnosis of dementia which fluctuated to create a lasting power of attorney and to revise the will to provide for a child who had given up their career to become a carer.
We have acted for a client who was concerned about the possibility of losing capacity and put in place a will and LPA together with the prepayment of her funeral and the drafting of her own funeral service sheets.

Important information and additional help

Families should not suffer alone. In addition to the expert advice offered by elderly care specialists at Gepp Solicitors, there are many charities and organisations that can help sufferers and their families.

Whilst safeguarding is paramount, sadly all too often people suffering with dementia may wander as a result of confusion and loss of memory. It is vital that those who go missing are found safe and well and returned to a place of safety as soon as possible.

Under the direction of the police, voluntary rescue services including mountain and lowland rescue, are on call 24/7 365 days a year to search, locate and rescue vulnerable persons. Those suffering from the likes of dementia are considered high risk and it is critical they are located swiftly especially during extreme weather conditions. This includes hot summers and very cold winters.

The Herbert Protocol was established to provide vital current and historical information about those suffering from dementia.