Dementia - Lasting Powers of Attorney

Usually, dementia symptoms are quite mild to begin with which means that there is often plenty of time to make sure all your affairs are in order. Part of this process should be making sure that you have considered Lasting Powers of Attorney (LPA). 

In order to set up an LPA you must be deemed to have the mental capacity to make the decisions about putting it in place. At some point in a dementia journey, it is likely that mental capacity will not be deemed sufficient for this, which is why it is a good idea to plan ahead.

What are Lasting Powers of Attorney? 

There are two types, you can set up either or both; 

• LPA for Financial Decisions - this enables your attorney(s) to manage your affairs on your behalf, this can be activated at any time you wish to make life easier for yourself. 
• LPA for Health and Care Decisions - this one is only activated if you no longer have capacity to make decisions about your health and care. It will allow your attorney(s) to make decisions on your behalf. For example, whether you have a certain treatment or about where and what level of care you have.

What if I don’t have an LPA? 

If you don’t have an LPA for finance it can make things very difficult if, for example, you need to access your bank account to pay some bills but are no longer able to do this yourself. Your loved ones would need to go through the Court of Protection which can be a long and expensive process.

If you don’t have an LPA for health and care then most of the decisions in this area will be left to the professionals. The professionals will need to make decisions in your best interests and would probably consult your loved ones but, if your loved one disagrees they would not be able to overrule.

How to set up an LPA

You can download a form online and complete it yourself, but I would very much recommend seeking professional help from a solicitor to make sure everything is done correctly and that it is then registered in the right way. If you need help with finding a solicitor, I suggest starting with Solicitors for the Elderly (www.sfe.legal) as anyone registered with this organisation will be experienced in supporting people living with dementia. 

Alastair Shanks, Owner Right at Home GF and Dementia Friends Champion