Recent NHS figures show that 850,000 people in the UK are suffering from dementia and Alzheimer’s disease and it is the country’s leading cause of death.

The symptoms of dementia occur gradually, becoming more severe as the years go by.  The first signs are often memory loss, confusion and failure to recall conversations, along with the names of places and objects. As the condition progresses, it can cause behavioural changes and severe memory problems.

A diagnosis of dementia can be difficult to come to terms with.  Unfortunately, after diagnosis it is inevitable that your independence and mental ability will be affected.  You may wish to consider protecting and preserving your assets and putting certain provisions in place, providing peace of mind to you and your loved ones.

One of the most important things you can do is make a Will.  By making a Will, you will determine who will receive your money and property, and how any dependants are provided for.  Dementia sufferers can still make or change a Will, you just need to be able to show that you understand the decisions you are making and the impact of any changes made.

Alongside Wills, Lasting Powers of Attorney are becoming more prevalent and a standard part of planning for the future. An LPA is a very simple document that allows you to grant authority to a member of your family or a close and trusted friend to make decisions on your behalf regarding your property, affairs and personal welfare should you become unable to control your own affairs.  Whilst every adult has the right to manage their own money and affairs sometimes our ability to do this decreases whether this is caused by illness, disability, or an accident.

There are two types of LPA:

• Property & Financial which allows your attorney / attorneys to make decisions about how to spend your money and the way your property and affairs are managed. With a Property & Financial LPA you can appoint your attorney / attorneys to help you manage your finances even if you haven’t lost capacity should you so wish.
• Health & Care allows your attorney / attorneys to make decisions about your health and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. Your attorney cannot make decisions on your behalf unless there comes a time when you’re no longer able to make such decisions yourself.

Either LPA is only effective once registered.

In the event that a person has not registered an LPA and they are unable to make decisions for themselves it is necessary to apply to the Court of Protection for a person or persons to be appointed as their Deputy. This process takes in excess of 6 months and the cost of applying for a Deputyship Order is approximately 4 times the cost of registering an LPA.

It can be difficult to think and talk about what would happen if you no longer had capacity and indeed people only tend to think of a Lasting Power of Attorney being important for those who are elderly. The reality is that it is important for everyone and unfortunately even those who are younger are not immune from accidents

Clients often feel that making a Lasting Power of Attorney means giving up control. In fact it is quite the opposite as by making an LPA you retain control over who makes your decisions if you cannot. You can choose whether it can be used either before, or only when, you lose mental capacity. In this way it can also be a useful tool as we get older so that whilst we may retain the ability to make decisions we may need help with practicalities for example, during a temporary admission to hospital an attorney can continue to pay your bills and access money in the bank, with your consent.

The question we are often asked is when the right time is to set up a Lasting Power of Attorney and our answer is always the same – the sooner the better. You must have capacity to make an LPA, when you have lost capacity it is no longer an option. As indicated earlier, without an LPA a relative or friend will need to apply through the Court of Protection for permission to deal with your finances, which can be a long, intrusive and costly process. There is also no guarantee that an application regarding your health matters will be successful as these are only granted very sparingly.

At KBL Solicitors LLP, our specialist Private Client Solicitors have many years’ experience and can help you make the right choices and plan for the future based on your own personal family circumstances.