Dementia and the importance of a Lasting Power of Attorney
According to the Alzheimer’s Society, one in three people born in the UK today will develop dementia in their lifetime. Despite this, many people don’t realise what would happen to their finances or healthcare decisions should they lose mental capacity without a Power of Attorney in place.
In this blog, we explain the importance of setting up a Lasting Power of Attorney while you still have mental capacity.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that appoints a trusted friend or relative to look after their affairs should they lose mental capacity. Should someone be unable to make decisions about their finances or healthcare anymore, whether due to a dementia diagnosis, a stroke or another medical condition, that nominated person can make those decisions for them.
Many people presume that if they lose mental capacity, their partner/spouse or next of kin can make decisions for them. Unfortunately, that is not the case. If you do not have a valid Lasting Power of Attorney in place and you are unable to make certain decisions, your loved ones will need to apply to become a Deputy through the Court of Protection.
There are several types of Power of Attorney:
- Enduring Power of Attorney (these can no longer be made, but EPAs made before 1st October 2007 are still valid)
- Lasting Power of Attorney:
- Property and Financial Decisions
- Health and Care Decisions
- General Power of Attorney
Read more about the types of Powers of Attorney here.
A Lasting Power of Attorney should be made while you still have capacity, and the earlier the better; Powers of Attorney aren’t just for the elderly!
Can I apply for a Lasting Power of Attorney if I have dementia?
Powers of Attorney must be set up while you still have the ability to make decisions for yourself, but that doesn’t necessarily mean that if you have a dementia diagnosis, you are unable to make any decisions.
Before you make a Lasting Power of Attorney, you should have a mental capacity check with a GP. This check will establish whether you:
- Understand the consequences of the LPA.
- Can consider the options available and decide what is most appropriate for you.
- Communicate your decisions effectively.
- Remember what you have been told about the LPA long enough to decide whether to sign or not.
So, in short, yes, you can make an LPA if you have dementia, but you must have adequate mental capacity. The risk of making an LPA without a mental capacity check is that your loved ones could face a dispute over the validity of your LPA in the future.
What happens if I lose mental capacity and I don’t have an LPA?
If you lose mental capacity through dementia or another condition, but you do not have a valid Lasting Power of Attorney in place, a friend or relative will need to apply to the Court of Protection to become a Deputy, even if you are their next of kin. A Deputyship Order gives a nominated person the legal authority to deal with your affairs if you lose the ability to do this yourself.
While this is an option, obtaining a Deputyship Order is a long and complex process. It can also leave friends and family in a difficult and awkward position as they will not be able to make decisions on your behalf without authority from the Court of Protection.
Having an LPA in place can make things much easier for your loved ones and give you peace of mind that your wishes are documented and carried out should you no longer be able to do so yourself.
Case study | £100,000 reclaimed from life cover policy for client whose partner lacked mental capacity
Can I make an LPA myself?
A Lasting Power of Attorney is a powerful document; it gives someone else the decision-making power when you can no longer make decisions about your finances and/or health and welfare.
While you can make an LPA yourself, it is wise to seek legal advice to ensure your wishes are documented properly, that your Attorney and Certificate Provider understand their duties, and that all the forms are filled out accurately and signed properly. A solicitor can also ensure your LPA is registered with the Office of the Public Guardian. Having an experienced lawyer at your side not only helps avoid mistakes but also takes some of the stress away.
Need to sort out a Lasting Power of Attorney? We can help
Don’t put off getting an LPA. To discuss your circumstances with a member of our team, call 0117 325 2929 or fill out our online enquiry form.