Why we should all be thinking about dementia

September is World Alzheimer’s Month, an annual international awareness campaign.

It’s reckoned that one-in-three people in the UK will develop dementia (of which Alzheimer’s is a type) in their lifetime. By 2040, 1.4 million of us are expected to be diagnosed, with symptoms including memory loss, confusion and behavioural changes. (https://www.alzheimers.org.uk/about-us/news-and-media/facts-media) 

The implications are huge and wide-ranging. And, as solicitors who work closely with people and families, we understand just how difficult it can be to experience the decline dementia imposes. For loved ones, the emotional pressures of witnessing a family member’s deterioration are often compounded by legal, financial and practical challenges around handling their affairs and protecting their best interests.

Although most of us would rather not think about the prospect of being diagnosed with dementia, as with most things in life it pays to be prepared for what the future may have in store. One important way is to make a lasting power of attorney.  

What is a lasting power of attorney?

This is a legal document authorising others (your ‘attorney’ or ‘attorneys’) to make decisions about aspects of your life should you need them to. There are two types of lasting power of attorney. The first authorises an attorney to make decisions about property and finances – paying your bills and deciding what to do with your house, for example. The second covers health and welfare, so decisions about medical treatment, care homes, etc.

Why make a lasting power of attorney?

The authority given in a lasting power of attorney is important because, without it, even those closest to you may not automatically be able to make certain decisions for you. A lasting power of attorney enables a trusted person, or people, to take charge of some of the most important (as well as the more routine) aspects of your life, with your wishes in mind.

When should a lasting power of attorney be made?

You must have mental capacity in order to make a valid lasting power of attorney. There is a legal test to establish mental capacity, covering the ability to understand and retain certain information, use that information and communicate a decision.

What happens if you don’t make a lasting power of attorney?

Where someone loses mental capacity without having made a lasting power of attorney, the process of placing control in the hands of even those closest to them is less straightforward. It involves applying to the Court of Protection for a deputyship order.

What if a person who has made a lasting power of attorney doesn’t lose mental capacity?

It’s possible to use a lasting power of attorney to authorise someone to handle financial decisions on your behalf where you still have mental capacity. In the case of health and welfare, however, a lasting power of attorney takes effect only when its maker has lost mental capacity. Of course, this might never happen and the document does not need to be called upon. But having it in place brings peace of mind that provision has been made.

We advise individuals that want to prepare for what the future may hold, and the loved ones of those that are losing, or have lost, their mental capacity. To speak to us about lasting power of attorneys, contact our team on info@bsandi.co.uk or call on 01264 353411.