What is Dementia?
Dementia is a general term used to describe a group of diseases which cause a decline in brain functioning. There are many different types of dementia, including Alzheimer’s disease, vascular dementia, mixed dementia, early onset dementia and many others.
The symptoms of dementia are different depending on the type and the severity of the disease. However, they often include an impairment in memory, confusion/disorientation, a shortened attention span, poor decision making and difficulty communicating with others.
Early-stage dementia is usually identified by memory loss, such as struggling to recall information or remember events and having difficulty in completing familiar tasks. It is likely that a person who has been diagnosed with early-stage dementia will be able to continue living independently and their diagnosis may have little impact on their lifestyle. However, unfortunately dementia is a degenerative condition that worsens over time, so it is very important to plan for the future.
Lasting Powers of Attorney
Lasting Powers of Attorney are documents that allow you to appoint a named person or persons (Attorneys) to make decisions for you in the future when you may need some assistance, or when you no longer have the mental capacity to make those decisions for yourself. You must have the required mental capacity at the time that you make a Lasting Power of Attorney.
You can appoint Attorneys to deal with your Property and Finances, for example paying bills, buying and selling properties and managing your bank accounts. The Power of Attorney cannot be used until it has been registered. Whilst you have capacity your Attorneys can only act with your consent.
If you lose mental capacity without having a Lasting Power of Attorney in place, then your bank accounts will be frozen, and your funds cannot be accessed until a Court Order has been made to appoint a Deputy. This is a very lengthy and costly application, and it may also mean that the person appointed as a Deputy is not who you would have intended to manage your finances in these circumstances.
You can also appoint Attorneys to make decisions regarding your Health and Welfare, such as making decisions about where you are living and what treatment you receive (or refuse). Your Attorneys will only be able to make decisions of this nature if you reach a point where you no longer have capacity to make them yourself. A Lasting Power of Attorney is important to ensure that your wishes are carried out by somebody that you trust. Without a Lasting Power of Attorney in place, any decisions would be made by medical professionals.
If you have received a diagnosis of dementia and you still have mental capacity, you should look to prepare a Lasting Power of Attorney as soon as possible if you do not already have one in place.
Your Will
If you have received a diagnosis of dementia, you should consider reviewing your Will or preparing a Will if you do not already have one in place. Making a Will is important to ensure that your estate passes in accordance with your wishes after your death.
In order to make a Will, you must have the required testamentary capacity. The test for capacity to make a Will is much higher than the test for capacity to make Lasting Powers of Attorney, so it is very important to make sure you prepare your Will as early as possible to avoid any potential issues with capacity.
If you die without a Will in place, then your estate will pass in accordance with the Rules of Intestacy. This may mean that your estate is distributed in a way that you did not intend.
How can Timms help?
If you would like any further information regarding Lasting Powers of Attorney and/or Wills, please do not hesitate to contact me on 01283 214 231 or via email at s.wildsmith@timms-law.com.
For more information, visit our Wills and Probate webpage here.
