Planning Ahead for Dementia: Legal and Practical Considerations

Dementia affects thousands of families across Scotland every year. It can be a difficult subject to think about, but making plans early can make all the difference later on. Taking the time to get your legal and practical affairs in order means your wishes are clear, and your loved ones can make decisions confidently on your behalf if needed.

This guide explains the key legal steps and practical preparations you can take to plan ahead for dementia.

Why Planning Early Matters

Dementia can cause gradual changes in memory, understanding, and communication. Once a person loses the ability to make decisions for themselves (known as “losing capacity”), it becomes much harder for others to step in and help.

Planning early ensures:

Your wishes are respected – You stay in control of your care, finances, and personal choices.
Your family avoids unnecessary stress – Decisions can be made smoothly without delays or court involvement.
Financial and legal matters are protected – Bills, investments, and property can continue to be managed correctly.

Putting a Power of Attorney in Place

A Power of Attorney (PoA) is one of the most important documents you can have in place if dementia becomes a concern. It allows someone you trust to act on your behalf if you are no longer able to make decisions.

There are three main types in Scotland:

Continuing Power of Attorney – covers financial and property matters only, such as managing bank accounts, paying bills, or selling a home if needed.
Welfare Power of Attorney – covers decisions about personal welfare only, such as medical treatment and care arrangements.
Continuing and Welfare Power of Attorney – this covers both sets of powers within one document and is the usual style of Power of Attorney used by a person in Scotland.

You can appoint the same person for both roles, or different people if that suits your circumstances. Your attorney must act in your best interests and follow guidance from the Office of the Public Guardian (Scotland).

Why it’s essential:
Without a Power of Attorney, your loved ones will need to apply to the court for Guardianship if you lose capacity. That process is more expensive, time-consuming, and stressful for everyone involved.

Making or Updating Your Will

A Will allows you to decide what happens to your estate after death. While it’s important for everyone, it’s particularly vital where dementia is a concern.

Clarity and fairness: You can ensure your estate is divided according to your wishes and avoid future disputes.
Appointing an executor: Choose someone responsible to handle your affairs efficiently.
Providing for dependants: You can make specific provisions for a spouse, children, or vulnerable family members.
Reviewing regularly: As circumstances change—such as moving home, new relationships, or changes in health—your Will should be reviewed to ensure it still reflects your wishes.

Making a Will while you still have full capacity ensures it cannot later be challenged on the grounds that you didn’t understand what you were signing.

Organising Financial Affairs

Keeping financial records in order helps your attorney or family members manage things smoothly if dementia progresses.

Consider:

Listing key accounts and policies: Keep a record of bank accounts, pensions, investments, insurance, and debts.
Setting up direct debits: Automate regular payments such as utilities or council tax to avoid missed bills.
Keeping paperwork organised: Store documents safely, and make sure your attorney or a trusted family member knows where to find them.
Minimising risks: If you begin to notice difficulties handling money, speak to your bank about safeguards such as spending limits or alerts.

Planning for Care and Living Arrangements

Thinking about future care can feel daunting, but early planning can make transitions smoother and ensure your preferences are known.

Discuss your wishes: Talk openly with family about whether you would prefer to stay at home with support, move into sheltered housing, or consider residential care if needed.
Understand local authority support: Local councils in Scotland carry out community care assessments and can provide information on available services.
Plan for funding: Care can be expensive, so it’s wise to take financial advice early about how fees may be paid. Having a Continuing Power of Attorney in place will help your attorney manage this when the time comes.

Communicating Your Wishes

Putting your preferences in writing can help guide your loved ones and professionals later on.

Advance care statements: These are not legally binding, but they outline your preferences for medical treatment, care setting, and daily routines.
Advance decisions (living wills): In Scotland, these are not formally recognised in law, but they can still be persuasive evidence of your wishes for healthcare professionals and your attorney.
Sharing information: Let your attorney, GP, and close family know about your preferences and where key documents are stored.

Reviewing Plans Regularly

Once your legal and practical arrangements are in place, review them every few years or whenever your circumstances change.

Check that:

Your Power of Attorney is still appropriate and the appointed attorney is still suitable.
Your Will reflects your current wishes and family situation.
Financial records are up to date and easy to locate.
Care preferences still reflect your current feelings.

Regular reviews ensure your plans remain effective and relevant.

Getting Professional Advice

Every person’s circumstances are different, especially when health and family relationships are involved. A solicitor can:

Help you prepare a valid Power of Attorney and Will.
Advise on how best to protect assets while planning for possible care costs.
Explain how guardianship or intervention orders work if someone has already lost capacity.
Ensure your documents comply with the Adults with Incapacity (Scotland) Act 2000 and reflect your wishes clearly.

Professional advice gives you and your family peace of mind that everything is properly in place.

Conclusion

Dementia planning is about more than legal documents—it’s about protecting your dignity, independence, and peace of mind. By taking action early, you make life easier for those who care about you and ensure your choices are respected at every stage.

If you would like to discuss setting up a Power of Attorney, reviewing your Will, or planning ahead for future care, our Private Client team can help. Please contact us on 01259 723 201 or contact help@randa-fa.co.uk and we would be delighted to assist with friendly and practical advice tailored to your circumstances.