World Alzheimer’s Day is on 21 September and is part of World Alzheimer’s Month which takes place throughout September.
Alzheimer's is a form of dementia which is a disease that affects the functioning of the brain.
Many of us will be directly affected by dementia, whether that be caring for a loved one or being diagnosed with the condition ourselves.
Getting the diagnosis early and understanding the type of dementia the person is living with can really help them to maintain independence for as long as possible and to feel supported.
What Can I Do To Help Someone With Dementia?
If you believe that someone may have the signs of dementia, then it is important to approach the GP as soon as possible to confirm a possible diagnosis and to get the help they need in place at the earliest opportunity.
How Can I Plan For My Future?
As dementia is becoming increasingly more common it is important to plan for a time where you may not be able to manage your own finances or make decisions that relate to your health and welfare.
Of course, dementia is not a curable disease at the moment so it would also be sensible to make sure that you have a Will in place or review your existing one.
Preparing Lasting Powers of Attorney
Lasting Powers of Attorney are the legal documents that need to be in place to allow others to make decisions on your behalf in relation to your finances and health i.e. selling a house to pay for care, managing bank accounts and pensions, and making decisions about where you should live, the care you should receive and potentially, questions about life sustaining treatment.
To make a Lasting Powers of Attorney you will need to have mental capacity, so it is important to prepare these as early in life as possible. If capacity has already been lost, then an application to the Court of Protection might be needed.
Prepare Or Review Your Will
As mentioned, sadly dementia isn’t curable.
You should therefore also be thinking about preparing or updating your Will.
Wills can be used to make provision for where your assets should pass on death. Often a Will is used to protect assets against the long-term care costs or remarriage of a spouse after your death. These are also particularly useful where you have children from previous relationships. You may therefore wish to think about preparing Life Interest Trust Wills.
Not having a Will means that the Intestacy Rules apply. These are rules set out in law that dictate who will deal with your estate and where your money will go. These rules make no provision for non-married partners or stepchildren, so it is best to have a Will in place to make sure your wishes are carried out.
Is There Anything I Should Not Be Doing Following a Diagnosis of Dementia?
Yes!
Do not start giving your assets away in an attempt to avoid them being used to pay for your future care.
Often clients ask me whether they can transfer their property into the names of their children, but this is not a good idea for several reasons.
Giving away assets to avoid paying for care would be considered a ‘deliberate deprivation of capital’ and the local authority may still treat you as owning the asset when they come to assess your contribution towards your care.
How Can Timms Help?
If you have any queries regarding this article or any other matters relating to Alzheimer’s or Wills & Probate, please don’t hesitate to contact me at c.day@timms-law.com or on 01283 214231. Alternatively, you can visit the Wills and Probate page of our website here.
