Why Dementia Planning Matters: Protecting Loved Ones and Legacies
As dementia becomes an increasingly common challenge for families across the UK, so too do the complex legal issues that come with it. From missed planning opportunities to emotionally charged disputes, this blog explores why early, thoughtful legal preparation is key to protecting both the people you love and the legacy you leave behind.
Published: May 22nd, 2025
2 min read
Dementia Action Week aims to combat stigma, increase awareness and motivate action for those who have dementia or who are impacted by it. This week serves as a reminder of the vital significance of preparation, empathy and support. Currently there are over 900,000 people in the UK already diagnosed with dementia, a number that is predicted to increase dramatically in the years to come.
Our Wills and Probate team witness firsthand the profound impact dementia can have on families, not just emotionally, but legally and financially too. That's why we believe in proactive, informed planning to protect both loved ones and legacies.
The Rise of Dementia-Related Legal Issues in the UK
Families often find themselves navigating complex and sometimes contentious, decisions about financial management and inheritance, all while coping with the emotional toll of the diagnosis.
We’re seeing a sharp increase in:
Challenges to the validity of Wills due to questions around mental capacity
Court applications for Deputyship when no Lasting Power of Attorney (LPA) was made
These issues can cause stress, conflict and unnecessary expense but they’re often avoidable with early, thoughtful legal planning.
Early Planning Is Essential: LPAs, Wills, and Advance Decisions
When someone receives a dementia diagnosis, or even if they’re just getting older, it’s vital to consider the future while they still have the mental capacity to make decisions. There are three essential tools:
Lasting Power of Attorney (LPA) - this allows a trusted person to make decisions on your behalf, should you lose mental capacity. There are two types: one for health and welfare, and one for property and financial affairs.
A Valid, Up-to-Date Will ensures your wishes are honoured and reduces the risk of family disputes.
Advance Decision (Living Will) allows individuals to refuse specific medical treatments in the future, giving clarity to healthcare providers and families.
Failing to put these documents in place early can lead to complicated legal interventions and potentially outcomes that do not reflect the individual’s true wishes.
How Forbes Can Help
We don’t just offer legal solutions; we provide peace of mind during some of life’s most difficult transitions. Dementia affects everyone differently, and so do the legal challenges that come with it. We take a compassionate, cross-departmental approach to help families plan and resolve issues when they arise. Whether you need:
Advice on setting up LPAs
Drafting or reviewing Wills
Support through family disputes or probate issues
Representation in contentious estate matters
We are here to guide you every step of the way. Planning for dementia isn’t about fearing the future, it’s about facing it with confidence and care.
Contact us today to speak with one of our friendly, expert solicitors. Let’s protect what matters most - your loved ones, your wishes and your legacy.
For further information please contact Jane Burbidge