Our firm was delighted to take part in a Dementia Friends information session which involved staff completing a number of activities with a view to understanding how to interact better with people living with dementia (for example always use the term 'living' with dementia, never 'suffering'). We are often asked about legal help for living with dementia.
Our team regularly find themselves helping people who are experiencing the heartbreaking effects of dementia and this was a great opportunity to learn more about the condition and what we can do to help those affected.
Bad News/Good News
The cases of dementia are only going to increase. There is still no cure for dementia and it is going to become even more important to understand the risk factors and keys to prevention. The good news is that there is now a much greater understanding of the condition and considerable effort is being made to help everyone affected. More and more people are now living well with dementia.
The Legal Bit
The most encouraging part of the information session for us was confirmation that lawyers can make a difference! At T C Young, we advise our clients to plan ahead to ease the problems that can be experienced following unexpected life events, including a diagnosis of dementia:
A Power of Attorney is a legal document which allows you to select trusted family members or friends to be able to act on your behalf if you lose capacity. One of the great features of these is that they don't actually take your 'power' away from you until to agree to this or it becomes necessary. The Power of Attorney can also be brought in through stages designed to help you rather than take away your ability to make decisions. For example, if you are struggling to keep track of your money and bills you can entrust someone to look after your finances without having control over your welfare; leaving you free to enjoy living an independent life. This might be a suitable option for someone in the early stages of dementia.
Unfortunately, dementia doesn't only occur in the elderly and the number of early-onset dementia cases are also likely to increase. Anyone over the age of 16 can grant a Power of Attorney and our advice is to do it sooner rather than later. With dementia, there is often enough warning to put a Power of Attorney in place but you're never guaranteed that time. Taking a step away from dementia, it's also important to remember that you could be involved in an accident and lose mental capacity at any age. Once you've been deemed to have lost capacity, it's too late to grant a Power of Attorney.
Guardianship is the where the court appoints an individual to act on behalf of a person who has been deemed to have lost mental capacity. This is never the preferred route as it is lengthier and more costly to complete, but sometimes it is the only option available. We have a wealth of experience in this area and the ability to keep the process as hassle free as possible.
For further information, guidance or specific advice on legal help for living with dementia, get in touch with our experienced team.
