How do you plan for Dementia?

The future can be uncertain and daunting, especially with the alarming statistic that an estimated 1 million people in the UK could suffer from dementia by 2025. While there is hope for a medical breakthrough to help treat this challenging condition, it's important to plan so you are both physically and financially secure should anything happen.

Preparation now will ensure peace of mind later - making sure your wishes are followed if ever needed and providing reassurance for your family members as well.

Mental capacity can be diminished for various reasons, such as dementia, mental health issues, stroke or brain injury. To determine whether someone is lacking in capacity requires criteria to assess their capability of performing individual tasks like understanding information and making informed decisions.

Someone is regarded as lacking capacity if they cannot do just one of the following:

• Understand information relevant for making a specific decision.

• Weigh up the arguments and make an informed decision.

• Retain knowledge and thoughts about information relevant to making a specific decision.

• Communicate their decision.

In this article we look at why and how you should plan in case you lose mental capacity. 

Why should you plan in case you lose mental capacity?

Failing to plan for the worst can leave your loved ones without vital resources or control over important decisions. By setting up a Lasting Power of Attorney, you provide them with legal authority and peace-of-mind should you ever become incapacitated due to illness or injury. Don’t be fooled by misconceptions – create an LPA today in order to ensure that those that matter most get access and protection when it matters most.

Without a Lasting Power of Attorney in place they do not have the legal authority to deal with your financial affairs and /or health and welfare.

Applying to the Court of Protection can be a costly, time-consuming endeavour for loved ones wanting to act on your behalf.

As appointment decisions are in their hands and not yours – who may or may not know what you would want – there could easily be months between when an application is made, and a “deputy” appointed.

During this period managing day-to-day affairs falls entirely in limbo with no one authorised to take any action until that "deputy" has been assigned.

Protect yourself and your loved ones by understanding the importance of setting up a Lasting Power of Attorney (LPA). An LPA conveys rights to an attorney, aged over 18 years old, granting them authority to make important decisions on behalf of the donor once mental capacity is diminished. To ensure this document is valid for use in any circumstance it must be established whilst all parties are mentally competent - acting early can remove unwanted stress from trying times down-the-line. Most importantly, however, establishing a LPA cannot take place following loss of mental capacity as its legality would become nullified under such circumstances.

There are two types of LPA:

Property And Financial Affairs LPA.

The attorney will be able to handle and make decisions about your money, property and assets. This will include things like paying bills, and selling your home. Once set up, it can be used immediately.

Health and Welfare LPA.

The attorney will have the power to make decisions in regards to your everyday life. This will mean handling medicine, helping with daily routine such as washing and could even mean making the decision to move you into a care home. Once set up it can only be used when the donor loses mental capacity.

Lasting Power of Attorneys can provide the ultimate piece of mind, ensuring your trusted attorneys can act on your behalf and safeguard both you and your family's interests. With these arrangements in place, it will be an effortless transition from donor to attorney-guided decision making when required.

With our expertise and experience, Hannah Solicitors is the perfect partner to help you create an LPA. We'll provide a customised consultation that helps analyse your personal situation so both you, and those around you, have confidence in preparing for any possible future needs.

Protecting yourself with such peace of mind will ensure that should anything happen, all arrangements for looking after your assets are taken care of correctly. speak to our highly dedicated team today.