Dementia Action Week (17th to 23rd May 2021) is a national event that sees the public coming together to take action to improve the lives of people affected by dementia.
When a person receives a dementia diagnosis, this doesn’t automatically mean they cannot make important decisions. However, as their symptoms worsen, they may no longer be able to make decisions about their finances, health or care. We refer to this as losing mental capacity. If you are concerned about losing mental capacity, you may wish to take steps now to protect yourself.
In this article, we look at how someone you trust can make decisions on your behalf or how you can help a loved one with dementia protect their rights for a time when they lose mental capacity.
In short, mental capacity means that the person can understand, remember, and use information to make important decisions about their life. Mental capacity can be difficult to ascertain; some people are perfectly able to make daily decisions such as what to eat and what to wear but struggle with financial or health decisions.
Only a healthcare professional can determine whether a person has lost mental capacity, and it will not be based on making a strange decision or a single mistake.
The Mental Capacity Act (MCA) protects and empowers people who may have lost mental capacity to make decisions about their care and treatment. The Act also states that where a decision must be made on behalf of a person who has lost capacity, this decision must be made in their best interests. There is a checklist to help decision makers decide.
A Lasting Power of Attorney (LPA) is a legal document that allows someone you trust to make decisions on your behalf when you are no longer able to do so for yourself. This person is called your Attorney.
To set up a Power of Attorney, you must have the mental capacity to do so, so it is important to do this as soon as possible if you have received a dementia diagnosis.
It is essential to understand that no one has the power to make decisions on your behalf if you have not set up an LPA. Your spouse or civil partner cannot automatically deal with bank accounts or pensions or even make decisions about your care where you lose capacity. As a result, even if you are married or in a civil partnership, setting up an LPA is essential.
Members of our Private Client team are on hand to advise on any issues relating to Powers of Attorney. Please telephone 01892 526344 or email enquiries@berryandlamberts.co.uk.
For further information on all our Private Client services, please click here.
Whilst our offices are closed to the public during the coronavirus pandemic, we are offering a telephone or video link appointment service which gives you one hour of time with a solicitor for £100 + VAT. Please get in touch if you feel this type of appointment would be beneficial.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
