Dementia Action Week: why it helps to plan early

Dementia Action Week runs from the 18th – 25th May 2026. It highlights the issues for people living with dementia, as well as the difficulties faced by their families.

It also reminds us of the importance of early diagnosis – to give access to medical support but also to give people a chance to put key plans in place, like Wills, Lasting Powers of Attorney (LPA) or Care Plans, while they are still able to make those decisions themselves.

What is dementia?

Dementia is a general term for a group of brain conditions that can affect:

• Memory
• Thinking and understanding
• Communication
• Everyday tasks

Symptoms usually develop over time and often get worse gradually.

Can someone with dementia still make a Will or an LPA?

Yes, often they can. A dementia diagnosis (or early memory problems) does not automatically mean a person can’t make a Will or a Lasting Powers of Attorney (LPA).

In England and Wales, mental capacity is looked at in a practical way:

• It depends on the decision (some decisions are harder than others), and
• It depends on the time (someone may be able to decide one day but not another)

A formal diagnosis can be helpful, but it isn’t the only factor. What matters is whether the person can understand the decision and make it at the time the document is signed.

If there are any worries about someone’s capacity, it can be very helpful to act quickly, this may allow the person to:

• Make their own choices
• Record their wishes clearly
• Avoid extra stress and delays later on

The person’s wishes and feelings should always be listened to, and they should be supported to make their own decisions wherever possible.

What if there is uncertainty?

If there is any doubt (with or without a diagnosis), it’s common to arrange a capacity assessment to confirm whether the person can make a valid Will or LPA.

What happens if someone can’t make an LPA?

If a person has lost capacity and has not already made an LPA, they won’t be able to create one.

In that situation, if decisions need to be made about money, property, or bills, the usual next step is to apply to the Court of Protection for a deputy to be appointed.

What if an LPA exists but the attorneys can’t act?

Sometimes an LPA has been made, but the attorney(s) cannot act (for example, due to illness or death). If there are no replacements available, a deputyship application may still be needed.

What happens if someone can’t make or change a Will?

If a person can’t understand or make decisions about a Will (this is sometimes called lacking testamentary capacity), they cannot make a legally valid Will in the normal way.

If a Will needs to be made or updated, an application can be made to the Court of Protection for a statutory Will. This is a Will that the Court approves and authorises on behalf of someone who lacks capacity.

You can read more in our article: Statutory Wills: losing mental capacity without a Will.

How Morr & Co can help

A dementia diagnosis can feel overwhelming for the person affected and for their loved ones.

Morr & Co’s Court of Protection team has extensive experience supporting older and vulnerable clients, and members of our team have completed specialist training to help clients who may have capacity concerns.

If you would like to talk through anything in this article, please email info@morrlaw.com or call 0333 038 9100 and a member of our team will be happy to help.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.