grant of probate

September is Alzheimer’s Awareness month and it important to take a moment to consider just how many people are affected by the disease. In 2019 it was estimated that there were approximately 900,000 people living with dementia in the UK with this figure expected to reach 1.6 million by 2040.

As an ever-increasing section of society is affected it is important to understand how living with dementia impacts on a person’s ability to deal with their affairs including managing their finances and making health and welfare decisions.

Our team at Timms Solicitors have many years' experience in assisting clients and their families to plan for the future and to protect their assets so please read on to see how we can assist those affected by Alzheimer's during Alzheimer's Awareness Month and thereafter.

Lasting Power Of Attorney (LPAs)

Alzheimer’s disease causes dementia by damaging the brain. This leads to memory loss and difficulty thinking, solving problems and making sentences.

It is important to recognise that someone with early-onset Alzheimer’s disease might still have the mental capacity required to make a Lasting Power of Attorney (LPA) though their mental capacity would, in first instance, be assessed by one of our experienced members of our Private Client team. If there are still doubts regarding mental capacity then it might be appropriate for a doctor to be instructed. Any assessment required can be arranged by our Private Client team liaising with a trusted clinician as part of the process.

Find out more about Property and Financial Power of Attorneys and Health and Welfare Power of Attorneys.

Court Of Protection

As set out above our team takes all appropriate steps to support those with early-onset Alzheimer’s disease in making LPAs. However, sadly, there are always instances where Alzheimer’s disease has advanced to a stage meaning that an LPA cannot be made.

Where a person is assessed as lacking capacity a deputyship application should be made to the Court of Protection on behalf of someone who lacks mental capacity in relation to their property and financial affairs, or their health and welfare (although health and welfare applications are rare and can be difficult to obtain).

The person appointed by the Court is known as the Deputy and frequently family members will apply to be appointed as Deputies on behalf of an incapacitated family member.

Going through the Court of Protection can be time consuming and complex, so it is important that the proposed Deputies have appropriate advice to make the process as quick and easy as possible. Our Private Client team are approachable and friendly, and we offer support, advice and assistance and empathy for proposed Deputies.

Find out more about Court of Protection applications here.

Many of our team are Members of Solicitors for the Elderly and all have received Dementia Friends training.

How Can Timms Help?

For more information regarding this topic or any other Wills and Probate matters, please do not hesitate to contact me at m.kelly@timms-law.com or via phone on 01283 561531. Alternatively, you can visit the Wills and Probate section of our website here.