Learning that a parent has dementia can be overwhelming. Alongside the emotional impact of the diagnosis, families are often faced with difficult practical and legal questions. Who can manage their finances? Can they still make decisions about where they live? What happens if they have not made a Will or a Lasting Power of Attorney?
Every person’s experience is different, and not all people with dementia lose the ability to make decisions immediately. However, planning ahead as early as possible can make a significant difference for both the person with dementia and their loved ones.
At AFG Law, we regularly support families during these difficult times, providing practical legal advice with compassion and sensitivity.
Understanding Dementia
There are many different forms of dementia, and each type of dementia can affect the person in different ways. Common symptoms of dementia include memory loss, confusion, changes in behaviour, difficulties with communication and problems making decisions.
Some forms of dementia include Alzheimer’s disease, vascular dementia, Lewy body dementia and frontotemporal dementia. While symptoms vary, dementia is a progressive condition, meaning a person’s needs are likely to change over time.
Many people with dementia continue to live independently for some time after diagnosis, particularly if they remain physically active, maintain social connections and receive the right support.
Can My Parent Still Make Their Own Decisions?
A diagnosis of dementia does not automatically mean someone lacks mental capacity. The law recognises that capacity is decision-specific. Your parent may still be perfectly capable of deciding where they want to live or how to spend their money, even if they need support with more complex decisions.
As dementia progresses, however, it can affect memory, understanding and decision-making. This is why early planning is so important.
Why a Lasting Power of Attorney Matters
If your parent still has mental capacity, one of the most important steps they can take is to make a Lasting Power of Attorney (LPA).
There are two types:
- Property and Financial Affairs LPA, allowing someone they trust to manage finances if needed.
- Health and Welfare LPA, allowing decisions to be made about care, medical treatment and, where appropriate, where they should live.
Having an LPA in place means your parent chooses who will make decisions on their behalf if they are no longer able to do so themselves.
Without one, the process becomes considerably more complicated.
What If There Isn’t a Power of Attorney?
If your parent has already lost mental capacity and no LPA exists, family members may need to apply to the Court of Protection to become a deputy.
A deputy is appointed by the court and can make decisions authorised by the court order, most commonly in relation to property and financial affairs.
This process can take up to two years in some circumstances, which is why making an LPA before capacity is lost is usually the simpler option.
Who Decides If They Need to Move Into a Care Home?
One of the most difficult decisions families face is whether a loved one can continue living safely at home. Where your parent still has mental capacity, they should be involved in decisions about their care and where they live.
If they no longer have capacity, decisions should always be made in their best interests. If there is a valid Health and Welfare Lasting Power of Attorney, the appointed attorney may have authority to make those decisions. If there is no Health and Welfare LPA, health and social care professionals will usually make decisions in consultation with those closest to your parent.
Every situation is different, and these decisions can be emotionally challenging. Obtaining legal advice can help families understand their rights and responsibilities.
Does Their Will Need Reviewing?
A dementia diagnosis does not automatically mean someone can no longer make or change a Will.
Provided they have the necessary mental capacity, your parent may still be able to review or update their Will if their circumstances have changed. Many people choose to do this following a diagnosis to ensure their wishes remain up to date and that their loved ones are provided for.
If there are concerns about capacity, legal advice should be sought as early as possible.
Looking After Yourself
Supporting a parent with dementia can be physically and emotionally demanding. Many carers benefit from accepting help from relatives, friends or professional care providers. Respite care can provide valuable opportunities to rest and recharge, while local charities and support groups can offer practical advice and emotional support from others facing similar experiences.
Remember that asking for help is not a sign of failure. Caring for yourself is also an important part of caring for your parent.
How AFG Law Can Help
When a parent develops dementia, legal advice is often about more than paperwork. It is about helping families make informed decisions at a time when emotions are understandably high.
At AFG Law, our experienced Private Client team can assist with:
- Lasting Powers of Attorney.
- Deputyship applications.
- Wills and estate planning.
- Court of Protection matters.
- Advice for families supporting loved ones with dementia.
If your parent has recently been diagnosed with dementia, seeking advice early can provide reassurance and help ensure their wishes are respected both now and in the future. Our team is here to guide you through the legal aspects with sensitivity, compassion and practical expertise.