Yesterday BBC News highlighted the issues some people face when applying for Lasting Powers of Attorney.
1 in 3 people born in the UK this year will develop dementia in their lifetime. There are currently more people than ever before living with dementia in the UK, and this number is projected to increase.
Why is this important to know?
Due to the gradual nature of dementia and the mild early-stage symptoms it is difficult to diagnose and more difficult to know when that person will lose their mental capacity. Once someone has lost their mental capacity, they are unable to make Lasting Powers of Attorney (LPAs).
For a person to lack mental capacity, they must lack one or more of the following; understand the information relevant to the decision; retain that information; and use or weigh up that information as part of the process of making the decision. Many people believe that if someone has dementia, they automatically lose their mental capacity. This is not true. Needing more time to understand and communicate does not mean you lack mental capacity.
However, you do need to act sooner rather than later as a diagnosis of dementia may prevent you from signing LPAs.
Lasting Powers of Attorney
Lasting Powers of Attorney allow those you trust to make decisions for you, or act on your behalf, if you are no longer able to or if you would like some help with making your own decisions. Without a Lasting Powers of Attorney in place your loved ones can be left with significant worry and there could be ramifications for your finances.
To enable another person to make decisions for you, they will need to apply to the Court of Protection to become a ‘deputy’. The Court has the final say as to who is appointed, and this may not align with your wishes. The process of making a Court application can be a very long and expensive process without guaranteed results.
We’re here to help!
To discuss your options and ease your worries, contact us now on 01543 440308 or email Adam Penn at adam@fouroakslegalservices.com