The Impact of Dementia on Estate Planning Decisions

A dementia diagnosis changes everything. It raises tough questions about care, finances, and what lies ahead—not just for the person diagnosed, but for the family members who love and support them.

When it comes to estate planning, dementia adds a layer of urgency. Decisions that once felt like “someday” conversations become matters that need attention right now.

At LCS Legal, we help families navigate this emotionally complex time with clarity, compassion, and legal guidance. Here's why early estate planning is essential—and how to protect your wishes before capacity is lost.

What Is Mental Capacity, and Why Does It Matter?

In the UK, a person must have mental capacity to create or update a will, set up a Lasting Power of Attorney (LPA), or make other legal decisions about their estate.

Mental capacity means:

• Understanding the decision at hand

• Retaining relevant information long enough to make a choice

• Weighing options and understanding consequences

• Communicating that decision clearly
  

As dementia progresses, mental capacity can fluctuate or decline, making it harder—or eventually impossible—to make valid legal choices. That’s why acting early is so critical.

Why Early Planning Makes All the Difference

When someone is newly diagnosed or begins experiencing early signs of memory loss, it’s still possible to:

• Draft or update a legally valid will

• Appoint trusted attorneys under an LPA for health and finances

• Express wishes about care, medical treatment, and property
  

These decisions become much more complicated—and sometimes contested—once capacity is diminished.

Planning early helps you:

• Avoid costly and time-consuming Court of Protection applications

• Minimise the risk of family disputes or legal challenges later

• Give loved ones clarity and confidence about your preferences

What Happens If You Wait Too Long?

Without valid legal documents in place:

• Loved ones may need court permission to manage finances or make care decisions

• Medical choices may fall to professionals unfamiliar with personal values

• Families may face conflict, delays, and emotional strain
  

Even joint accounts can be frozen, and property decisions stalled—adding stress during an already difficult time.

Creating a Dementia-Sensitive Estate Plan

At LCS Legal, we understand that this isn’t just paperwork—it’s personal. We work with clients to:

• Draft wills and LPAs that reflect their current wishes and future needs

• Recommend clear, simple language to reduce the risk of future confusion

• Add letters of wishes to clarify values, preferences, and family dynamics

• Include specific clauses around care choices, property, or sentimental items
  

Whether you’re planning for yourself or helping a loved one, we’ll guide you with empathy and practical advice.

Your Wishes Matter—Make Them Known While You Can

A dementia diagnosis doesn’t mean you lose your voice. But it does mean now is the time to use it.

🔗 Book a free, friendly consultation with LCS Legal today. Let’s make a plan that honours your values and supports the people who matter most.