
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, the most common symptom of dementia is an impairment in memory. 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 without their diagnosis having a big effect on their lifestyle. However, unfortunately dementia is degenerative which means that it won’t get better 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 no longer have the mental capacity to make those decisions for yourself or where you might just need a bit of help (in respect of your financial affairs only).
You can appoint Attorneys to deal with your Property and Finances, for example paying bills, buying and selling properties and managing your bank accounts. Once the Lasting Power of Attorney is registered, your Attorneys can help you whilst you still have capacity, with your consent.
You can also appoint Attorneys to make decisions on your behalf regarding your Health and Welfare, such as making decisions about where you are living and what treatment you are receiving. 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.
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.
What happens if I do not have a Lasting Power of Attorney?
If you do not have a Lasting Power of Attorney and you lose mental capacity, then unfortunately it will no longer be possible to make one. As you will not be able to manage your own property and financial affairs an application would then need to be made to the Court of Protection to allow a third party, such as a family member or friend, to be appointed as a Deputy to manage them for you.
The application process is lengthy and can often take over a year, as well as being very expensive. Therefore, it would be better if you had Lasting Powers in place at an early stage.
Your Will
You may also want to use this time to review your Will, or prepare one if you do not already have one. In order to make your Will you must have the required capacity to do so. The test for capacity to make a Will is much higher than the test for capacity to make Lasting Powers of Attorney, so again it is important to make sure you prepare your Will as early as possible.
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.