September is World Alzheimer’s Month – a global campaign to raise awareness and challenge the stigma surrounding Alzheimer’s disease. Every three minutes, someone in the UK develops dementia. Alzheimer’s disease is the most common form of dementia.
When a person receives an Alzheimer’s diagnosis, it does not automatically mean that they cannot still make important decisions. However, as the disease progresses, they may no longer be able to make decisions about their finances or health and welfare. Having a Lasting Power of Attorney in place can provide peace of mind for anyone facing Alzheimer’s or other forms of dementia.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a vital document that gives someone you trust the ability to make decisions on your behalf once you are no longer able to do so. This person is called your attorney. To set up an LPA, you must have the mental capacity to do so. An LPA can be set up in advance of need to allow you to plan ahead for a time when you are no longer able to manage your own affairs. Therefore, it is important to do this as soon as possible if you have received a dementia diagnosis.
Your attorney
Choosing who to appoint as your attorney is the most important part of the LPA to help you feel confident moving forwards, as they will be carrying out your wishes and conducting your affairs if capacity is lost. Therefore, your attorney should be someone you trust. People often choose their spouse, children, close relatives or friends. However, it is also possible to choose a professional person such as a solicitor.
If you wish, you can appoint more than one attorney to act on your behalf and appoint one or more replacement attorneys, should all of your first-choice attorneys become permanently unable to act. This could be helpful for example if you have an attorney who would be better at arranging everyday care and making medical decisions, and another who is better with financial decisions. It is recommended to discuss your LPA with your attorneys before making the documents, so that you may clarify your wishes.
Taking the first steps towards setting up an LPA
We are very experienced in this area of law, with Sarah Mellor, Head of Department of Wills & Probate, being an associate member of Solicitors for the Elderly. If you would like to speak to one of our specialist Private Client Solicitors about an LPA, please call us on 01244 312 306 or email us at law@oliverandco.co.uk.
