Dementia Awareness Week, organized by the Alzheimer’s Society, takes place from the 19th to the 25th of May. This campaign aims to raise awareness about the importance of early diagnosis for people affected by dementia.
In the UK, 1 in 3 people living with dementia do not have a diagnosis, and 91% of those affected say there are benefits to getting a diagnosis
A Lasting Power of Attorney for peace of mind
The thought of being in a situation where you cannot make your own decisions is very daunting.
This Dementia Awareness Week (19th-25th May) we are raising awareness of one of the most crucial legal steps you can take to prepare for the future – setting up a Lasting Power of Attorney (LPA).
An LPA is a legal document that allows you to appoint trusted individuals (known as your attorneys) to make decisions on your behalf, should you become unable to do so in the future.
You do not need a diagnosis of dementia to set up an LPA. Many people choose to create one (and we advise our clients to make one) while they are healthy and well, as a proactive step to safeguard their future.
The importance of setting up a Lasting Power of Attorney
If in the future you become ill, have an accident, or lose mental capacity, which can later occur after a diagnosis of dementia, you may think that your spouse, partner or family members would automatically be able to deal with your financial affairs and make medical related decisions on your behalf. However, without having the correct document in place, this is not always the case.
Setting up a Lasting Power of Attorney ensures your affairs are managed smoothly and in accordance with your wishes, no matter what the future holds.
Why should you be making Lasting Powers of Attorney now?
What are the types of Lasting Power of Attorney?
There are two types of LPA:
- Property and Financial Affairs LPA: This allows your attorneys to manage your financial matters, including your bank accounts, investments, bills, and property. If you don’t own property, it covers liaising with your landlord or housing association and handling utility providers. You can choose whether your attorneys can act immediately with your consent or only once you no longer have mental capacity. This flexibility makes it a useful tool – even for those who have received a diagnosis such as dementia but still retain full decision-making capacity.
- Health and Welfare LPA: This type of LPA allows your attorneys to make decisions about your personal health and wellbeing only when you are no longer able to make them yourself. This may include decisions about where you live, your daily routine, including meals and personal care, medical treatment, and life-sustaining treatment (if you have given your attorneys specific authority). This ensures that those who know you best are legally supported to make the decisions you would have made, in line with your values and preferences.
What about making a Will?
In addition to setting up a Lasting Power of Attorney, there are other legal steps you can take to protect yourself and your loved ones:
- Wills: A Will is a formal expression of your wishes regarding the distribution and management of your estate after your passing. Your Will allows you to appoint trusted individuals to carry out your wishes, including any specific instructions for your funeral. It is important to note that, without a Will, the law will determine who inherits your estate, which may not reflect the individuals you would have intended to benefit from your assets.
Considerations this Dementia Awareness Week
In addition to the legal steps, you can take to protect yourself and your loved ones, you may also want to consider these options if you or a loved one have received a dementia diagnosis:
- Blue Badge: You may be eligible for a Blue Badge, which allows you to park closer to your destination, whether you’re the driver or the passenger.
- Radar Key: For individuals with dementia, accessing public toilets can become challenging. A Radar Key provides discreet access to accessible toilets across the UK, helping maintain dignity and independence.
- Herbert Protocol: Some individuals with dementia may become disoriented and go missing. The Herbert Protocol is a simple, national initiative that helps the police and other agencies locate them more quickly by providing essential information in advance.
- Telephone and Mailing Preference Services: These services allow individuals to opt out of receiving unwanted marketing calls and mail. For those living with dementia, reducing such contact can help prevent confusion and distress, offering greater peace of mind to loved ones.
Making Lasting Powers of Attorney is not often at the forefront of people’s minds and their importance can be greatly overlooked, but for many, they really do prove to be invaluable.
At Awdry Law, our Lasting Power of Attorney Solicitors offer an initial, no-obligation appointment (remotely or face-to-face at one of our Wiltshire offices; in Chippenham, Devizes, Marlborough, Swindon or Royal Wootton Bassett) to both prospective and existing clients to discuss how we can support them in ensuring their wishes are respected. Taking this step today is a positive move towards safeguarding your future.
Author – Chris Smith, Trainee Solicitor in our Marlborough Lasting Power of Attorney team.
