Last updated on August 18th, 2015 at 03:38 pm

It is estimated that there are over 800,000 people in the UK with dementia, and that one in three people over 65 years old will develop it.  It is anticipated that the number will double over the next 40 years and that the current cost to the UK economy of dementia is around £23bn every year. (1)

Dementia is a loss of cognitive ability from a previously unimpaired person which goes beyond just ‘old age’. It can be static or progressive (which results in a long term decline) and affects many areas of the brain including memory, attention span, language and problem solving skills. People who suffer from dementia need a high level of care and may continue to do so for several decades.

Seeing a loved one change and lose their cognitive ability is horrible enough but to see additional burdens put upon them by not being able to cope with everyday issues such as finances and personal care can be even worse, so it is essential to plan ahead so that life can run as normally as possible.

There are several things that can be done to make life less complicated for the sufferer and those caring for them.  One of these things is to make a will.  Most people appreciate that they need to, but often just don’t get round to doing it.   A will is vital, offering peace of mind in knowing that affairs are sorted and matters can be taken care of with as little fuss as possible in the event of a person’s death.  However, it is important to remember that you must have the required mental capacity to draft a will so it should be done as soon as possible.

Losing mental capacity to deal with affairs during our lifetime is not something we usually think about, but illness can creep up suddenly and the sufferer can quickly become dependent upon family and friends.  This can be very distressing if they haven’t planned and aren’t sure what to do when they’re faced with an urgent need for care and support.

Dementia can leave individuals unable to make financial or personal decisions, and whilst it is often assumed that a partner or child can take over these responsibilities, that is not in fact the case.

Unless a person legally nominates another by setting up a lasting power of attorney, their assets can be frozen and may be managed by the Court of Protection.  This can be very stressful for the family, as well as extremely time consuming, as decisions cannot be made quickly – or as many family members feel, on a personal basis.

A lasting power of attorney (LPA) allows a person (called a donor) to nominate one or more people (called attorneys) to act on their behalf, not only while they are mentally capable but also if or when they lose mental capacity.

Two types of LPA are available. A Property and Affairs LPA, which gives the attorney the authority to deal with the donor’s finances and property, and a Personal Welfare LPA which allows them to make decisions relating to the donor’s healthcare, welfare and in some cases end of life treatment.

The LPA is only in force once it has been registered with the Office of the Public Guardian in order to protect the donor from misuse of the power by anyone. It is essential that the process is begun as soon as possible as without an LPA nobody has the authority to make decisions on someone else’s behalf without an application to the Office of the Public Guardian first, and this can be very costly and time consuming.  If a registered LPA is in place, attorneys already have the authority to act where necessary.

Graysons WE’s specialists can advise and assist on making a will or preparing an LPA are happy to visit you to discuss matters with you and your family members to ensure that you understand exactly how everything works.

For more information please contact us now.