Introduction
There are a number of ways in which to ensure that someone with dementia's wishes continue to be carried out throughout their lives. Many of these legal processes will also make life easier on a practical level.
Lasting Power of Attorney
Setting up an Lasting Power of Attorney enables you to appoint one or more people you trust to manage your financial affairs for you if this becomes necessary. Making an Lasting Power of Attorney is very important, as it will simplify day to day money management as dementia progresses, and avoids the more complicated and costly business of Court of Protection Receivership.
Someone who has a diagnosis of dementia can still make an Lasting Power of Attorney, providing they have the capacity to understand what it is they are doing - a doctor's advice should be sought if there is any doubt about this.
See our Lasting Power of Attorney page for further information on this, Court of Protection Receivership and Appointeeship.
Wills
Everyone should make a will. A will ensures that when someone dies, their money and possessions go to the people they have chosen.
A person with dementia can still make or change a will, if they can show that they understand what they are doing and what the effects of it will be.
Spouses, partners, and close friends or family members may also wish to change their own wills: for example to prevent everything passing to the person with dementia, if they think all their assets might then be swallowed up by care home fees.
See our Wills section for more information.
Advance statements and Advance decisions
Advance statements and advance decisions allow people to say, in advance, which medical treatments they would or would not wish to have if they are unable to decide this for themselves in the future.
Many people prefer not to think about ill-health or death, and some people would rather leave decisions about their health care to professionals. But if it is important to you to ensure that your wishes for future care are known, then advance statements and advance directives are worth investigating.
For more information please refer to the Alzheimer's Society factsheet Advance decisions. This has an example Advance decision form at the back that you may find helpful.
http://www.alzheimers.org.uk/factsheet/463
Finding a Solicitor
You may have a solicitor who you have used in the past, or who family and friends have recommended to you. Alternatively LawNet can provide a list of solicitors in your area.
Further Information
Further information can be found in the following:
- Age Concern - Arranging for others to make decisions about your finances or welfare - Factsheet 22
- Mental Capacity Act 2005:Timetable for Implementation (Supplementary sheet for Factsheet 22)
- Age Concern - Getting legal advice
- Age Concern - Advance Statements, Advance Directives and Living wills.
- The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
