Legal Planning After a Dementia Diagnosis

Written by Richard O'Shea, Solicitor TEP · Mary Molloy Solicitors, established 1981 · Last reviewed 21 August 2026

First, the reassurance

Under the functional test, capacity is assessed decision by decision, at the time of the decision. A person with early-stage dementia commonly retains capacity for most or all of the decisions that matter — including the big planning instruments — for a long time. The law's door is open. But it closes gradually, decision by decision, hardest-first: complex instruments go before simple ones. Hence the order below.

The to-do list, in order

• 1. The will. Made or reviewed now, while testamentary capacity is beyond argument — with the assessment properly documented (capacity and wills; drafting sits with our main practice)
• 2. The advance instruments. An enduring power of attorney and an advance healthcare directive are the two documents only a person with capacity can make — which is why they head the list rather than end it. Understand them, decide about them deliberately, and if they're wanted, make them while the making is clearly good
• 3. The map. Accounts, deeds, policies, pensions, passwords, the accountant's name — assembled while the person can do the assembling. Half of every later difficulty is archaeology
• 4. Present support, right-sized. If help is already needed, formalise the lightest tier that works — an assistance agreement now, co-decision-making when deciding becomes truly joint (the comparison)
• 5. The conversations. Will and preferences only bind if they're known — care wishes, the house, who does what. The Act runs on this information; so do families (the five conversations)
• 6. The review rhythm. Progression is the plan's enemy; a light annual review keeps arrangements matched to reality, and catches the moment for the next tier while it's still available

If the window has partly closed

Families often arrive later than they'd wish — the diagnosis is old, some decisions are already beyond reach. Nothing above becomes pointless: capacity is decision-specific, so what can still be done should be done now, and what can't is handled through the court's machinery when needed. The only unrecoverable error is waiting for certainty. Call 01 5827148 — the first conversation is about scoping, and it's easier than the one you've been putting off.