MP Estate Planning UK

Estate Planning After a Dementia Diagnosis

Estate planning after a dementia diagnosis

Facing a dementia diagnosis changes how families think about money, health and home. We explain what shifts and why early planning matters when mental capacity can reduce gradually or suddenly.

This is about protecting independence and wishes, not taking over someone’s life. We introduce clear tools you can use: Lasting Power of Attorney (LPA), an Advance Decision (living will) and an Advance Statement. These help keep the person at the centre of decisions.

We set out simple, practical information to help you plan ahead. You will find conversation tips, a straightforward checklist and a guide to what happens if no documents exist. Our focus is UK law and everyday family life, and we signpost when professional advice is sensible.

Key Takeaways

  • Early planning preserves choice and protects health, home and finances.
  • LPAs, Advance Decisions and Advance Statements each play a different role.
  • Capacity can change over time; acting now keeps the person central.
  • We give clear steps, conversation tips and a practical checklist.
  • If no documents exist, the Court of Protection may need to appoint a deputy.

What changes after a dementia diagnosis and why planning can’t wait

When someone receives a dementia diagnosis, families quickly face a different set of practical decisions. Small daily choices may stay simple, while bigger questions arrive sooner than people expect.

Capacity can be decision-specific. A person may still choose meals or clothes but struggle with complex finances or medical choices. Mental capacity varies by the task and by the moment.

Capacity can change over time and even day-to-day. Health, stress or the setting can affect how well someone can weigh options. That unpredictability means delaying paperwork can close options later.

We suggest simple ways to keep the person central. Have short conversations in familiar places. Offer two clear options. Write down preferences and small routines that matter.

  • More support needs and more paperwork often follow a diagnosis.
  • Examples of decisions families face: paying bills, arranging care, managing property and choosing treatment.
  • Acting early reduces conflict and keeps the person’s voice present as their ability make some choices changes.

mental capacity

If you want to know what happens without an LPA, we explain the next steps and why putting documents in place is a kindness to everyone involved.

Understanding mental capacity in the UK (and how it’s assessed)

Understanding how someone makes choices helps families act with both care and clarity. In the UK, mental capacity means a person can take in relevant information, weigh up options and communicate a decision.

The core test: understand, weigh up, communicate

The practical test is simple. Can the person understand the information they need? Can they weigh the risks and benefits? Can they tell someone their choice?

Why some decisions are harder than others

Not every decision is the same. Everyday choices like meals or clothes are often straightforward. Bigger decisions, such as selling a home, agreeing to a care package or accepting risky medical treatment, require more thinking and may be harder.

When temporary issues can mimic decline

Short-term problems, like delirium from an infection, dehydration or a side effect of medicines, can affect thinking. These may improve with treatment.

Practical tip: choose a quiet room, avoid busy times and have a familiar supporter present when assessing major decisions. The Mental Capacity Act and the capacity act principles guide these checks, and professionals can help with complex assessments.

mental capacity

Spotting early signs and gathering information before a crisis

Spotting small changes early gives families time to act calmly and protect what matters. Keep an eye on everyday tasks and collect clear information so you can make decisions with confidence.

make decisions

Everyday red flags: conversations, letters, bills and routines

Unopened post, missed bills and confusion with simple admin are common first signs.

Changes in chat—losing the thread, repeating questions or distress when choosing—also point to trouble. These moments show when a person may need support in making decisions.

Financial warning signs that may indicate vulnerability

Watch for sudden generosity, odd standing orders or strangers pressuring transfers. These are clear examples of financial risk.

Simple protections include call blockers, the Mailing Preference Service and bank alerts for large transactions. Regularly check statements to spot odd activity early.

Keeping a written record to support GP or professional input

Keep dated notes of incidents, with brief facts and times. This information helps a GP or adviser see patterns, especially when symptoms come and go.

Collecting facts calmly saves time and helps people act without panic. That way you can make decision steps with dignity and be ready if urgent action is needed.

Example signWhat to checkPractical step
Unopened postRecent letters and billsSet up scanned mail or help sort weekly
Repeating questionsConversation changesNote dates and topics discussed
Unexpected transfersBank statementsEnable alerts and notify bank if concerned

Preparing for loss of capacity due to dementia uk: the step-by-step estate planning checklist

Begin with a simple inventory: what decisions will need prompt attention about health, money and where someone lives?

Key near-term decisions

  • Health: treatment preferences, hospital contacts and GP instructions.
  • Home: who will manage the property, maintenance and whether moving may be needed.
  • Money: paying bills, pension choices, benefit claims and regular payments.

Who to involve

  • Family members and close friends who know the person well.
  • Carers and care coordinators who handle daily needs.
  • Professionals: GP, solicitor, financial adviser and bank contact.

Document timeline

  1. This month: list decisions, collect account and property details, set up a single folder.
  2. 6–12 months: register a lasting power or power attorney and record preferences in writing.
  3. After any health change: review documents, update contacts and re-share copies.

Acting early lets the person choose trusted decision-makers and record wishes. Without this, families often face delay and uncertainty.

estate planning checklist

AreaImmediate actionWho to contact
HealthNote treatment wishes; list GP and hospitalGP, health visitor, solicitor
HomeRecord property deeds; plan for adaptations or moveEstate agent, builder, family
MoneyGather bank details and regular payments; set alertsBank, financial adviser, solicitor

Practical tip: keep scanned copies and give a trusted person easy access. Good organisation reduces stress and helps people act on behalf of the person quickly and with respect.

How to talk about planning ahead with your parent or loved one

Choose a calm time to raise the topic, not a hospital corridor or a rushed appointment. Start with care. Say you want to make sure their wishes guide future decisions.

Lead with respect, not fear. Use short, clear sentences. Listen more than you speak. Let the person set the pace.

talk about planning ahead

Use real-life examples to explain why documents protect independence

Share a simple example: a news story about a scam or a neighbour’s sudden hospital stay. Real stories show how paperwork keeps a person in charge of their life.

Offer one clear choice at a time. That helps the person feel involved and able to make decisions.

Handle disagreement and keep conversations going over time

Expect pushback. People often say, “I’m fine” or “You’re trying to control me.” Slow down. Pause the talk and try again another day.

  • Keep chats short and repeat key points.
  • Offer simple options and ask which they prefer.
  • Remind them this is about protecting independence and wishes.

“We want to make sure your wishes are followed, even if you’re unwell later.”

If you want a clear example of an Advance Decision, see our guide to a living will. Return to the topic over time. Planning ahead is an ongoing conversation, not a one-off meeting.

Put legal decision-makers in place with a Lasting Power of Attorney (LPA)

Putting clear legal decision-makers in place gives families confidence and keeps the person’s wishes central. An LPA is a legal document that appoints one or more trusted people to act on behalf of someone if they cannot make certain decisions themselves.

Two different LPAs do different jobs. One covers property and financial affairs. The other covers health and welfare. Many families need both documents to avoid gaps.

lasting power attorney

Property and financial affairs

A property financial affairs attorney pays bills, deals with banks, manages investments and rents out or sells property when needed.

They also spot and reduce scam risk by setting bank alerts and checking unusual transfers.

Health and welfare

A health welfare attorney can choose care packages, day-to-day routines and where the person lives.

They act on wellbeing choices and speak with health teams about care arrangements.

Life-sustaining treatment

An attorney can only make decisions about life-sustaining treatment if the LPA explicitly gives that power. If not, clinicians take that role.

Choosing an attorney and what changes

Choose someone you trust, who is available and can handle paperwork and difficult decisions. Name backups and write clear preferences to reduce arguments later.

Once capacity is lost, attorneys step in and must act in the person’s best interests, following recorded wishes and keeping good records.

AreaProperty & financial affairs attorneyHealth & welfare attorney
Main tasksPay bills, manage bank accounts, sell or maintain propertyArrange care, agree day-to-day routines, decide where the person lives
LimitsCannot make health or treatment decisionsCan only decide life-sustaining treatment if given that power
Practical tipSet bank alerts and list accounts; give clear handling instructionsRecord care preferences, daily routines and named carers

If you want clear guidance on registering an LPA, see our page on lasting power of attorney.

Record treatment wishes with an Advance Decision and an Advance Statement

Writing down treatment choices helps the person’s voice guide care when they cannot speak. These documents make intentions clear and reduce pressure on family and clinicians at difficult times.

Advance Decision (living will): what it can cover and when it is legally binding

An Advance Decision can state which medical treatments a person would refuse in specific circumstances. It can cover life-sustaining treatment and other interventions.

If it is valid and applicable, clinicians must follow it. The document needs clear wording and, sometimes, witness signatures to be binding.

Advance Statement: values, beliefs, routines and preferences

An Advance Statement is not legally binding. It records values, faith, daily routines and what quality of life means to a person.

This helps carers and attorneys understand why a person made certain choices. It reduces guesswork and guides practical decisions about care and daily life.

Sharing documents so they’re used in practice

These papers work best when shared. Give copies to family, attorneys, the GP and care teams. Keep an original in a safe place and scanned copies accessible.

They work alongside an LPA. Attorneys use them to act on the person’s behalf and clinicians consult them when making medical decisions.

We recommend a quick review after hospital stays or major changes. Revisiting wishes keeps information up to date and keeps dignity at the centre of care.

DocumentMain purposeWho should hold a copy
Advance DecisionLegally refuse specified medical treatmentGP, named attorney, hospital records
Advance StatementRecord values, routines and care preferencesFamily, carers, solicitor
Combined useGuide decisions and reduce conflictAll care teams and backup attorneys

To make sure documents are followed in practice, consider a brief recorded summary in the GP notes and tell key people where originals are kept. If you want help to protect your family’s future, we explain the practical steps and next actions.

How decisions are made when someone lacks capacity: best interests in practice

When choices become hard, a best-interests approach keeps the person’s rights and wishes at the centre. This is a legal and ethical test under the Mental Capacity Act. It aims to protect the person, not to make life easier for others.

Who decides which type of decision?

Everyday choices versus complex financial or welfare decisions

Everyday decisions — washing, dressing, eating or daily activities — can usually be made by whoever is with the person at the time. These do not need formal permission.

Complex matters like bank accounts, property or large financial transactions must be handled by an attorney or a deputy appointed to manage property and financial affairs.

Choices about where someone lives or major care changes are normally made by a health and welfare attorney or deputy, or by professionals when necessary.

Consulting the person, even when they can’t make the final decision

We always consult the person where possible. Short, simple questions and familiar settings help them express views.

Their wishes, past and present, are central to any decision that follows.

Consulting those who know the person best

Professionals must speak to family, friends and carers who know the person well. Their insights about routines, values and past choices guide what is in the person best interests.

Best interests meetings for complex choices

For difficult decisions — often about a move to a care home — teams hold a best interests meeting. Attendees include clinicians, attorneys, carers and family.

These meetings aim to weigh risks, benefits and the person’s preferences and then agree a clear plan that is honestly about the person’s interests.

When an IMCA may be appointed

An Independent Mental Capacity Advocate (IMCA) steps in when there is no suitable family or friend to consult, or when serious disagreement exists. An IMCA speaks on the person’s behalf and helps keep decisions focused on their welfare.

Practical note: even without perfect paperwork, the Mental Capacity Act requires a respectful, person-centred process. When you need clear, practical guidance on the law and advocacy, see our summary of the Mental Capacity Act and advocacy.

If there’s no LPA in place: deputyship and the Court of Protection

When no attorney is appointed, families often find decisions shift to doctors and social teams. That can be unsettling when a person can no longer make certain choices themselves.

Health and welfare

When professionals may make health and welfare decisions

If an LPA is not in place, healthcare teams and social workers may make immediate health and welfare decisions. They must consider the person’s values, beliefs and past wishes.

Property and money

Applying to become a deputy to manage property and financial affairs

To manage property or bank accounts you can apply to the Court of Protection to become a deputy. Deputyship lets a named person deal with property and financial affairs, but the process can be slow and costly.

Urgent situationWhy deputyship may be neededExample action
Paying care feesAccess to bank accountsApply to Court of Protection
Protecting a homeProperty must be secured or rentedArrange emergency repairs or tenancy
Large transactionsBanks block activity without authorityProvide court order or documented consent

Why acting early avoids delay, cost and uncertainty

Acting sooner is usually cheaper and faster. An LPA prevents the need for deputyship and reduces family stress.

If you must seek deputyship, gather ID, bank details and records of the person’s wishes. Take legal advice and prioritise urgent decisions while the court process runs.

Conclusion

A calm, short plan now saves time and stress when decisions become hard.

Early action helps the person keep control. Registering a lasting power or power attorney gives clear legal authority to act on a person’s behalf. That avoids slow, costly court routes later.

Remember: mental capacity varies by task. Support and simple choices can help someone make decisions for longer than you might expect.

Ask an attorney to follow the person’s values and record health and care wishes in writing. This keeps actions honest, respectful and practical.

Choose one small step this week — gather key papers, book a GP chat, or start a short conversation. We’re here to guide the next move.

FAQ

What should we do first after a dementia diagnosis to protect finances and care?

Start by making a clear list of immediate decisions: bank access, paying bills, home maintenance and care preferences. Book an appointment with the GP to record concerns that may affect capacity. Then begin practical steps such as discussing a Lasting Power of Attorney (LPA) for property and financial affairs and for health and welfare, and gather pensions, wills and insurance details. Acting early reduces delay and cost later and keeps the person’s wishes central.

How does the Mental Capacity Act define whether someone can make a decision?

Capacity is decision-specific and time-specific. The test checks if the person can understand information, retain it long enough to make a choice, weigh the information and communicate the decision. A person may be able to make some choices but not others. Professionals assess capacity around the specific decision at the time it needs to be made.

Can someone with early dementia still make their own decisions?

Yes. Many people retain the ability to make many decisions in early stages. Capacity can fluctuate and some decisions are harder than others. We recommend supporting decision-making with clear information, smaller steps and written notes. When in doubt, get a capacity assessment from a clinician.

What is a Lasting Power of Attorney and why do we need two types?

An LPA is a legal document that lets someone you trust act on your behalf. There are two kinds: one for property and financial affairs (banking, paying bills, selling property) and one for health and welfare (care, treatment, where to live). Having both ensures day-to-day money matters and medical choices are covered if the person loses capacity.

When can an attorney make decisions about life-sustaining treatment?

An attorney for health and welfare can only make life-sustaining treatment decisions if the LPA specifically allows it and if the person lacks capacity. The LPA must be clear about those powers. Clinicians will also consider any Advance Decision or Advance Statement when deciding on treatment.

What’s the difference between an Advance Decision and an Advance Statement?

An Advance Decision (a living will) can refuse specific medical treatments and is legally binding if valid and applicable. An Advance Statement records values, beliefs and care preferences — it isn’t legally binding but carries weight in decisions and helps guide best interests discussions.

How should we choose the right attorney or deputy?

Pick someone trustworthy who knows the person’s values and routines. Consider practical skills: can they manage finances, negotiate with professionals and handle disagreements? It’s wise to name a professional back-up or multiple attorneys to share responsibilities and reduce risk.

What happens if no LPA is in place when capacity is lost?

You may need to apply to the Court of Protection to become a deputy for property and financial affairs. For health and welfare, decisions may be taken by professionals in the person’s best interests, sometimes with Independent Mental Capacity Advocates (IMCAs) involved. Court processes are slower and costlier than planning ahead.

How are best interests determined when someone can’t decide for themselves?

Best interests require consulting the person wherever possible, and talking to family, friends and carers who know them. Decision-makers consider past and present wishes, beliefs and values, and medical views. For complex issues like moving into a care home, a best interests meeting helps record the reasoning and plan.

What practical signs suggest someone is struggling with money or daily routines?

Watch for unpaid bills, unopened post, missed appointments, increased phone cold calls, changes in shopping habits or confusion about routines. These everyday red flags should prompt gathering documents and seeking professional advice to protect assets and wellbeing.

How do we make sure documents are found and used when needed?

Keep originals in a safe, clearly labelled place and register LPAs with the Office of the Public Guardian. Share copies with named attorneys, the GP, care providers and close family. Make a simple checklist of where wills, policies and bank details are stored and review it regularly.

Can temporary conditions like delirium affect capacity assessments?

Yes. Delirium, infection or medication can cause temporary loss of capacity. Clinicians should treat these as potentially reversible and reassess once the condition stabilises. Timely medical review can prevent premature long-term decisions.

When is it appropriate to involve an IMCA?

An Independent Mental Capacity Advocate (IMCA) is appointed when a person has no family or friends to consult and serious decisions are needed, such as long-term placement or major medical treatment. IMCAs represent the person’s interests independently in best interests processes.

How often should we review LPAs and advance statements?

Review documents at least every couple of years or after major life events: hospital stays, changes in health, new relationships or moves. Regular reviews keep instructions relevant and reduce disputes later.

How can family disagreements about care and money be managed?

Keep conversations focused on the person’s wishes and wellbeing. Use written notes and share documents. If disputes persist, seek mediation or legal advice early. Clear powers of attorney and updated paperwork usually prevent escalation.

How can we
help you?

We’re here to help. Please fill in the form and we’ll get back to you as soon as we can. Or call us on 0117 440 1555.

Would It Be A Bad Idea To Make A Plan?

Come Join Over 2000 Homeowners, Familes And High Net Worth Individuals In England And Wales Who Took The Steps Early To Protect Their Assets