Dementia Action Week 2025; how an LPA can protect you
19 – 25 May is Dementia Action Week 2025, and as such we discuss one of the implications of what happens when a person has Dementia, and what you can do to help protect yourself and the ones you love.
Dementia and Loss of Capacity
No one likes to think that there may be a time when they are suffering from a condition such as a Dementia, but the sad reality is that 1 in 14 people over the age of 65 suffer from Dementia, rising to 1 in 6 for the over 80s.
Sadly, often with Dementia there comes a time when the symptoms become such that they are unable to make decisions for themselves or manage their day to day care. We call this “loss of capacity”.
If you lose capacity without any provisions in place then in order to take over your affairs it would be necessary for your representatives to apply to the Court for a Deputyship Order. Applying for a Deputyship Order is expensive and takes a long time to be granted, in the meantime no one is legally able to access your accounts to pay your bills or deal with your affairs for you.
As scary as it is to consider the prospect of losing capacity, it is incredibly important to put provisions in place to protect yourself in case Dementia or any other disease leaves you unable to make your own decisions. Lasting Powers of Attorney are a great way of planning ahead should the worst ever happen.
Lasting Powers of Attorneys
There are two types of Lasting Powers of Attorney which can be put in place:
1. Property and Financial Affairs
This relates to the management of your assets to include covering paying your bills, managing your bank accounts investments, pensions, tax matters and dealing with your property on your behalf.
2. Health and Welfare
A Health and Welfare Lasting Power of Attorney allows your representatives to make decisions on your behalf relating to medical treatments and your health decisions, including decisions relating to care homes. You can also choose to authorise your Attorneys to make decisions regarding life sustaining treatment in the event that you are unable to consent yourself.
At Jordans our approach to Lasting Powers of Attorney is very much like taking out an insurance policy in that we put them in place in hoping they will never be needed but very much thankful that they are there if the worst happens.
At Jordans Solicitors, we can draft your Lasting Powers of Attorney for you and submit them to the Office of the Public Guardian for registration. Call our office to speak to a member of our Wills and Probate team on 01924 387110 or 033 03001103 to discuss the process further and costs involved.
