With nearly one million people living with dementia in the UK, and many more affected through loved ones, raising awareness and taking action is more critical than ever.
Dementia Action Week is an initiative spearheaded by the Alzheimer’s Society to encourage people to act on dementia. This year, it takes place from 19 to 23 May 2025, and is focused on diagnosis and symptoms of dementia.
Statistics from Alzheimer’s Society show there is an estimated 982,000 people currently living with dementia in the UK, and this is projected to rise to 1.4 million by 2040. Fears of a dementia diagnosis, either for yourself or a loved one, are understandable, but talking to a solicitor and choosing the right one for you can help you feel better prepared. Tracy Creed, partner in the Wills, Trusts and Probate department at Sydney Mitchell LLP, explains.
Managing finances and making decisions
For someone with dementia, day-to-day issues like paying bills and managing money become increasingly difficult. It’s important and advantageous to have plans and documents in place. Not only will this make the person with dementia feel more in control, but will also offer the family a degree of reassurance knowing that this can mitigate any future issues when mental capacity may sadly decline, and vulnerability may increase.
Legal matters
Wills
Arguably a will is one of the most important documents you will ever make, and is vital, especially if you have a partner and/or children. Writing a will and making sure it is up to date is the only way you can ensure your loved ones benefit from your estate in the way you would want them to. In order for a will to be validly prepared and signed, you must have a clear understanding about what you own or control, and how you would like it to be dealt with following your death. It is therefore essential that advice is sought from a professional at the earliest opportunity, following a dementia diagnosis, in order to have the best chance of instructions for preparation of your will to be accepted
Lasting power of attorney (LPA)
Lasting Powers of Attorney (LPA) are legal documents drawn up to appoint someone to look after your affairs and make decisions on your behalf, in the event that you should be unable to make a specific decision yourself . If you become unable to make decisions about your property, finances or health and welfare, then having an LPA in place allows someone you trust to look after those decisions you are unable to make yourself.
If you don't make LPAs and later become unable to make specific decisions yourself, nobody will legally be able to make decisions for you without making an application to the court. This can make things difficult for your family as they won't be able to assist with your finances or make decisions about your care.
Types of LPA
In England and Wales, there are two types:
- Health and welfare LPA – for decisions about care and medical treatment. It can also cover decisions about where that care is provided.
- Property and affairs LPA is used for decisions like paying bills, dealing with property and managing bank accounts and investments.
Health and Welfare LPA
A Health and Welfare LPA can only be used after you have lost mental capacity to make a specific decision. If you are unable to do so, it can allow your attorneys to make decisions regarding your personal welfare on your behalf, such as:
- Your day to day care.
- Deciding where you should receive that care, for example at home or in a care setting
- Giving consent to or arranging medical and life sustaining treatment.
Property and Financial Affairs LPA
A Property and Financial Affairs LPA gives your attorneys authority to act on your behalf whilst you have mental capacity to make your own decisions concerning your financial affairs and assets. It also allows them to make those decisions which you are unable to make. It can give your attorneys authority to:
- Manage your bank accounts.
- Buy and sell property on your behalf.
- Deal with your investments.
- Receive payments or inheritances due to you on your behalf.
- Pay bills on your behalf.
You can include guidance or instructions should you have any specific wishes or instructions that you want your attorneys to be aware of.
Get in touch
Navigating the legal implications of a dementia diagnosis can be overwhelming, and understanding the options and the best course of action for your loved one or you can be daunting. This is where our team of trained and highly experienced solicitors will help. Sydney Mitchell LLP have been advising clients for over 260 years. We have a team of dedicated specialists to help you plan for your future, including wills, Lasting Powers of Attorney, deputyship and care placement funding.
For information, advice and help in setting up an LPA, writing a will, or guidance about care planning options and finances, contact us: Contact us | Sydney Mitchell Solicitors, and find out more about our Wills, Trusts and Probate team here. We have offices in Birmingham City Centre, Sheldon and Shirley.
For further information about planning for the future, read our blogs: Planning for the unthinkable | Sydney Mitchell Solicitors and Why you should use a solicitor to write your Will | Sydney Mitchell Solicitors
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