World Alzheimer’s Month: A Reminder to Plan Ahead with a Will and Lasting Power of Attorney

Every September, World Alzheimer’s Month asks us to think about the millions of people living with dementia and the families supporting them. This year, World Alzheimer’s Day fell on 21 September, and it prompted a great many quiet conversations across the country about a subject most families would rather not dwell on.

An estimated 982,000 people in the UK are living with dementia, and that number is expected to keep rising as we all live longer. Behind each of those figures is a family working out what they are allowed to do, often for the first time. Who can speak to the bank, who decides about care and is the Will still valid?

As the month draws to a close, it is worth taking a moment to reflect on those questions rather than letting them pass with the awareness day itself. Dementia is the one most families think of first, and it shows very clearly why a Will and a Lasting Power of Attorney are two of the kindest things you can put in place for the people you love.

If you would rather talk it through than read on, our private client and lifetime planning team are always happy to help.

Why Dementia Changes the Conversation About Planning Ahead

Most of us assume we will get around to making a Will or arranging Power of Attorney at some point., but Dementia has a way of quietly taking that choice away. To make a Will or a Lasting Power of Attorney, you need to understand what the document does and what you are agreeing to, and the law calls this mental capacity.

Capacity does not disappear overnight, and a dementia diagnosis does not automatically mean someone can no longer make these decisions. Many people can put their affairs in order for months or years after a diagnosis. What changes is that the window is no longer open-ended, and once capacity has gone, the options left to a family become slower, more expensive and far less personal.

We have written before about the gap between the number of people at risk of losing capacity and the number who have planned for it, in our article on whether we are heading for an incapacity crisis. World Alzheimer’s Month is just a prompt to close that gap while there is still a choice to be made.

Lasting Powers of Attorney: Choosing Who Speaks for You

A Lasting Power of Attorney, or LPA, is a legal document that lets you choose one or more people you trust to make decisions on your behalf if you become unable to make them yourself. The person making the LPA is called the donor, and the people chosen are called attorneys.

There are two types, and most people benefit from having both:

• Property and Financial Affairs LPA – covers things like paying bills, managing bank accounts, dealing with pensions and, if necessary, selling a home to fund the care fees.
• Health and Welfare LPA – covers decisions about medical treatment, daily care and where someone lives. This one can only be used once the donor is no longer able to decide for themselves.

An LPA must be made while you still have capacity, and it must be registered with the Office of the Public Guardian before it can be used. Registration can take several months, so it is worth starting well before it is needed rather than waiting for a crisis.

What Happens if There Is No LPA in Place?

This is the part many families only discover when it is too late. If someone loses capacity without an LPA in place, their loved ones have no automatic right to manage their money or make decisions about their care, even if they are married or have lived together for decades. Banks will freeze access to accounts, and care providers will not be able to take instructions from the family.

The only route at that stage is to apply to the Court of Protection to be appointed as a Deputy. This can take many months, involves ongoing court fees and supervision, and it is the court, rather than the family, that decides who is appointed. It is a far more stressful and costly process than making an LPA, and it usually arrives at exactly the moment a family is already under immense pressure.

Can Someone with Dementia Still Make a Will?

Yes, in many cases they still can. The test is whether the person understands what a Will is, roughly what they own, who might expect to benefit from it, and how those things fit together. A diagnosis of dementia does not rule this out, particularly in the earlier stages or on good days.

Where there is any doubt, a solicitor can arrange for a doctor or capacity specialist to confirm that the person understands what they are signing. This limits the Will from being challenged later, which matters more than ever as disputes over Wills become more common. If you already have a Will in place, this is also a good moment to check whether it is still fit for purpose. Our article on whether your Will is still fit for purpose is a useful starting point.

Why Having a Will Still Matters Even with an LPA in Place

It is easy to think that once an LPA is in place, everything is covered, but that is not the case. An LPA only works during your lifetime and ends the moment you pass away. Your Will takes over from that point and sets out who inherits what, who looks after any children, and who is responsible for sorting everything out.

Without a Will, the law decides who inherits, and the outcome can be very different from what you would have wanted. Unmarried partners, stepchildren and close friends have no automatic entitlement, and the person left to deal with your estate may not be the one you would have chosen. Our article on what happens if there is no Will explains how the Intestacy Rules work in practice.

Choosing the People You Trust: Attorneys and Executors

Both an LPA and a Will ask you to name someone you trust. Your attorneys act for you while you are alive, and your Executors carry out your wishes after you die. Families often choose the same people for both, and that can work well, but it is worth thinking about who is genuinely best suited to each role.

Being an Executor is a real responsibility rather than an honorary title, and it should not be handed out lightly. Whoever you choose, tell them. A surprising number of people find out they are an attorney or an Executor only when the paperwork lands, and a short conversation now can make a difficult time much easier later.

A Few Things Worth Reflecting on Before September Ends

You do not need to do everything at once, but a few small steps can make a real difference while World Alzheimer’s Month is still a recent memory:

• If you do not have a Will, make one, and if you do, check it still reflects your wishes and your family as it is today.
• Put both types of LPA in place, even if you are in good health. They sit in a drawer until they are needed.
• If a parent or relative has recently been diagnosed with dementia, have the conversation now rather than later, while they can still make their own choices.
• Write down where important documents, accounts and passwords are kept, so your attorneys and Executors are not left searching.
• Talk to the people you are naming, so they understand what you are asking of them.

Speak to Our Private Client and Lifetime Planning Team

Planning for a time when you may not be able to make your own decisions is not an easy thing to think about, but it is one of the most caring things you can do for your family. Getting the right documents in place early means the people you trust can step in without delay, and your wishes are respected whatever the future holds.

Whether you are making a Will for the first time, thinking about Lasting Powers of Attorney, or supporting a parent or relative through a recent diagnosis, our Private Client team would be pleased to help.

Call 020 8221 8000, email info@bowlinglaw.co.uk or find out more about our private client and lifetime planning services. We will talk you through your options and take the pressure off.

Bowling & Co Solicitors

Website content note: This is not legal advice; it is intended to provide information of legal interest about current legal issues.