13.05.24

This week (13^th – 19^th May) is Dementia Action Week 2024, an awareness campaign designed to raise awareness and lobby to improve the lives of people affected by dementia.

In this piece, Solicitor Sarah O’Sullivan answers some questions to help explore some of the underlying themes around this year’s campaign through a legal lens.

Why does Renaissance Legal support Dementia Action Week?

Dementia can happen to anyone, and the current statistics show 1 in 3 of us will develop it.

A common misconception is that it only affects people in old age, when in fact, it can affect anybody – and sometimes suddenly. Dementia is not just memory loss; it can also affect the way you communicate, think, feel and behave.

We want to help raise awareness surrounding dementia and the loss (or decline) of mental capacity, and our passion is helping families plan for the future.

What can you do to plan ahead?

LPAs

The best way to ensure you have the right people looking after you, who have your welfare and wishes at heart, is to put Lasting Powers of Attorney (LPAs) in place. These can be made by anyone aged over 18 and who has mental capacity.

LPAs let you nominate trusted people to be Attorneys. This gives them legal authority to make financial, health, and welfare decisions on your behalf, if you need them to, as if they were you. Very simply, there are two separate LPA documents – one deals with property and finances, and the other with health and welfare matters.

Wills
If you or your loved ones haven’t made a Will yet, please put this at the top your to-do list! A Will is the most effective way to ensure that your assets are treated as you would wish when you die, and to make provision for your loved ones).  Where a Will is in place, it should be regularly reviewed to ensure they are up to date. Many people also opt to write a ‘Letter of Wishes’ document to sit alongside the Will, which gives further guidance to the people administering the estate.

It is important to note that a dementia diagnosis does not automatically mean that person lacks mental capacity and cannot make LPAs or a Will. Capacity depends on each individual and their circumstances.

LPAs and Wills are extremely important, legally-binding documents, and taking qualified legal advice can save a huge amount of cost and heartache later down the line. Just as you would take your car to a suitable mechanic and your money to a reputable bank; ask an expert who specialises in LPAs and Wills to advise you.

What can be done if someone has lost capacity but with no LPA in place?

If someone cannot make an LPA and can no longer look after their affairs due to losing mental capacity (whether temporarily or permanently) , an application to the Court of Protection for a Deputyship is very likely to be needed.

A Deputyship operates in a similar way to LPAs, but is generally more expensive, time-consuming, and onerous. It is much better to put LPAs in place if it is possible to. Doing so achieves real peace of mind which may be especially important to those in certain circumstances – for example, those who have a family history of dementia or people who own and run their own businesses.

If you are concerned about a loved one, what practical actions can you take?

In addition to checking if LPAs and Wills are in place, perhaps the best thing to do is familiarise yourself with the symptoms and signs, and tips for broaching a conversation about dementia in the best possible way.

You can try to have a chat with your loved one, and encourage them to see their GP for a check-up and a chat.

Someone who is experiencing symptoms may be confused, unaware, or struggling to accept what they are going through. If your loved one doesn’t want to see their GP, you could explain your concerns to the GP directly for them to consider what steps to take.

There is a huge amount of information and resources available, and the Alzheimer’s Society is a great place to start.

Are there benefits and support available for dementia?

Entitlement to benefits, care and support depends on an individual’s personal circumstances.

Nicola Spruce at Renaissance Legal is a welfare benefits specialist, and has written a really helpful blog specifically relating to benefits for dementia and Alzheimer’s.  

We also regularly present free webinars about the world of welfare benefits and can provide tailored advice and support with applications, appeals, and correspondence.

How can we help?

Our specialist team are friendly and approachable, and can provide you with advice and recommendations based on your personal circumstances.

If you would like to discuss any area relating to this blog post, including Lasting Powers of Attorney or Wills contact us for an initial discussion.