A dementia diagnosis does not mean you can no longer make your own decisions. If you can understand and make the decision in front of you, you can still make a Will or a Lasting Power of Attorney.
The sooner you do it, the easier it is, and the more certain everyone can be that the decisions are yours.
“You’ll be assumed to have capacity, unless you’ve had an assessment showing that you don’t.”
Recently diagnosed, or worried about the future?
Talk it through with David, at our office in Caversham or at home if that is easier. The first meeting is free, and there is no pressure to decide anything on the day.
Dementia in the UK
Around 1 million people in the UK are living with dementia, and that is expected to reach 1.4 million by 2040. More than 70,800 of them are under 65. (Alzheimer’s Society)
More and more of the families who come to us are living with dementia, or worried about it. Helping them put the right things in place, calmly and at the right pace, is an important part of what we do.
What a diagnosis does and does not change
- You are assumed to have capacity. The law starts from the position that you can make your own decisions. A diagnosis alone does not change that.
- Capacity is about one decision at a time. You may be able to make a Will even if you would find complicated investment decisions harder.
- Capacity can change from day to day. Many people have better days, or better times of day. We can arrange to meet when it suits you best.
- An unusual decision is not proof of anything. You are entitled to make choices other people would not.
What mental capacity means
Mental capacity means being able to make and communicate your own decisions. Under the Mental Capacity Act 2005, someone may lack capacity for a particular decision if they cannot:
- understand the information about it
- remember that information long enough to decide
- weigh it up to reach a decision
- communicate their decision in any way.
You can read more from Alzheimer’s Society and the NHS.
The two things to do first
1. Make or update your Will
Make sure your Will is valid and still says what you want. If you already have one, we will review it free of charge. More about Wills.
2. Make Lasting Powers of Attorney
There are two: one for property and money, and one for health and care. They let people you trust act for you if you can’t, and they can only be made while you have capacity. Without them, your family would have to apply to the Court of Protection for deputyship, which takes months. More about LPAs.
Why we may ask for a capacity assessment
If there is any doubt, we may ask for an assessment, usually by your GP, before you sign. It is not a test you pass or fail in front of us. It is a record that protects your wishes.
Wills are sometimes challenged years later, with dementia given as the reason. If that happens, the people relying on the Will may have to show you had capacity when you signed it. A doctor’s assessment made at the time is the strongest evidence there is, and it makes a successful challenge far less likely.
We will explain why we are suggesting it, and ask you to discuss it with your doctor. Some GPs charge for this, and some refer it to a specialist. The NHS has more on how capacity is assessed.
Other things worth thinking about
Your Will and LPAs come first. Once they are in place, we can also talk through:
- planning for the cost of care, within the rules
- reducing Inheritance Tax
- making sure the people you love benefit as much as possible from what you leave.
Planning for care costs needs care. The council can look closely at money or property given away after a diagnosis, so it is important to get advice before making any changes.
We are Dementia Friends
We are Dementia Friends, part of the Alzheimer’s Society programme. Find out what that means for you.
Common questions
Can someone with dementia make a Will?
Yes, as long as they have the capacity to make that Will at the time. A diagnosis alone does not stop them. Where there is any doubt, a doctor’s assessment makes the Will much harder to challenge.
Can someone with dementia sign a Lasting Power of Attorney?
Yes, if they understand what the LPA is and what it allows. An independent person, called a certificate provider, also has to confirm this when it is signed.
What if capacity has already been lost?
An LPA can no longer be made. Your family would need to apply to the Court of Protection to become a deputy, which is slower and more expensive. Read what happens if you don’t have an LPA.
Do I have to have a capacity assessment?
No. You are assumed to have capacity. We only suggest one where there is a reason to, to protect your wishes.
Talk it through
We know this can be a difficult time. We take things at your pace, explain everything in plain English, and family members are welcome to join. David can visit you at home if you are local and it is easier.
Or call us on 0118 948 4381, weekdays 8:30am to 6pm.
This article is general information, not legal advice. Figures from Alzheimer’s Society, correct as at October 2026.
