Dementia & Legal Planning Advice | Gadsden Coupe Solicitors, Lytham

Some conversations are easier to have before they become urgent.

A diagnosis of dementia changes things gradually, and then sometimes all at once. Alongside the emotional adjustment and the practical care decisions, there are legal and financial matters that are far easier to put in place while the person affected can still make and communicate their own decisions.

This page is here to help you understand what those matters are, why timing matters, and what support looks like – without any pressure to act before you’re ready.

Why early conversations matter

Dementia can affect a person’s mental capacity – their legal ability to make certain decisions – gradually and unpredictably. Capacity isn’t all-or-nothing; someone may retain the ability to make simple decisions long after more complex ones become difficult. This is precisely why the window for putting arrangements in place, particularly a Lasting Power of Attorney, can close sooner than families expect.

Once capacity is lost, a family can no longer simply arrange a Power of Attorney – they may instead need to apply to the Court of Protection for a Deputyship Order, which is typically slower, more costly, and places ongoing reporting duties on the deputy. Acting early isn’t about assuming the worst; it’s about keeping control and choice in the hands of the person it affects most, for as long as possible.

Five things worth thinking about early

Is the Will up to date? A Will made years ago may no longer reflect current wishes, relationships, or assets. It’s also worth knowing that if a Will needs to be made or updated after a diagnosis, this is still often possible – capacity for Will-making is assessed specifically and separately from day-to-day decision-making, and a solicitor can help evidence this properly at the time.
Is a Lasting Power of Attorney (LPA) in place? There are two separate types, and both are worth understanding:

Property and Financial Affairs LPA – allows a chosen attorney to manage bank accounts, bills, pensions, savings and property. This can be used with the donor’s permission even before capacity is lost, which many families find useful in itself.
Health and Welfare LPA – allows an attorney to make decisions about care, medical treatment and daily welfare, but only once the donor has lost capacity to decide for themselves.

Registering an LPA takes several weeks, so timing matters more than people often realise.

Who could deal with money and everyday affairs if necessary? Without legal authority in place, even a spouse or adult child may find they cannot access accounts, pay care fees, or manage property on someone’s behalf – regardless of how close the relationship is.
Do trusted family members know where important documents are? Wills, LPA documents, property deeds, insurance policies, pension details and key contacts are far easier to act on when they can be found quickly. A simple, shared record can prevent real difficulty later.
Have important wishes been discussed? Conversations about future care preferences, finances, and personal wishes – while they can still be led by the person concerned – often bring reassurance to the whole family, not just legal clarity.

What if someone can no longer make decisions for themselves?

If an LPA isn’t already in place by the time it’s needed, families usually have to apply to the Court of Protection for a Deputyship Order instead. It’s a legitimate and workable route, but worth understanding honestly:

It typically takes several months, compared to a matter of weeks to register an existing LPA
It involves court fees and ongoing supervision fees
A deputy has continuing reporting obligations to the Office of the Public Guardian
The court decides who is appointed, rather than the family choosing in advance

None of this means a family without an LPA is without options – it simply means the process takes longer and involves more oversight. We’re happy to talk through what it would involve in your particular circumstances.

Starting the conversation

Many of the families we speak with tell us they’d been meaning to:

update a Will
arrange a Lasting Power of Attorney
ask about managing property or financial affairs
understand what happens if capacity is lost
discuss probate or later-life planning

– but weren’t sure when or how to start. That’s a completely normal place to begin from. There’s rarely a single “right moment,” and you don’t need to have everything figured out before getting in touch.

What to expect from talking to us

We know that reaching out about a family member’s capacity or a dementia diagnosis isn’t like a typical legal enquiry – it often comes at an emotional and uncertain time. When you talk to us, you can expect:

An unhurried initial conversation, in person or by phone, to understand your situation before any recommendations are made
Plain-English explanations of the options available – no assumption that you already know the legal terminology
Honest guidance on what’s urgent and what can wait, so you’re not pushed into decisions before you’re ready
Support at a pace that works for your family, recognising that some matters may need to move quickly and others can be revisited over time

You do not have to sort everything at once. But it helps to know what may be worth dealing with now.