Dementia and Lasting Powers of Attorney

Jun 26, 2022 | LPA

​A Lasting Power of Attorney authorises a trusted friend or relative to make decisions on someone’s behalf, should they lose the capacity to do this themselves. If an individual is diagnosed with dementia, it is highly recommended that they sign a Lasting Power of Attorney if they are able to do so.

A Lasting Power of Attorney (LPA) means that a person’s affairs can be dealt with, even after they become unable to manage matters on their own behalf. Without an LPA, it can be very difficult for friends and family to help a loved one as they will not have the authority to pay bills or make arrangements for care.

Lasting Powers of Attorney explained

There are two types of LPA available, one in respect of property and financial affairs and one dealing with health and welfare. You can make one or both types of LPA, appointing one or more attorneys to deal with your affairs, should you need help in the future.
Under a property and financial affairs LPA, your attorney will be able to deal with your bank account, pay bills on your behalf, sell your home, invest money for you and claim benefits.
Using a health and welfare LPA, your attorney can make decisions regarding your care, to include where you will live, how day to day life will look and what medical treatments you will have. This can include refusing some life-sustaining treatment.
Your attorney will not be able to use the health and welfare LPA until you are no longer able to make your own decisions. It is open to you to limit your attorney’s power when signing the LPA and to specify what you would like to happen in the future.

Signing a Lasting Power of Attorney if you have dementia

If you or a loved one has been diagnosed with dementia, it is still possible to make a Lasting Power of Attorney provided you have the mental capacity to do so. This means that the person in question must be able to:
• Understand the implications of signing and what the consequences are
• Remember what they have been told about the LPA for long enough to make a decision about whether or not to sign
• Consider the options and make their own decision
• Communicate their decision in some way
It is sometimes the case that individuals have better understanding on some days than others.
If someone has had a dementia diagnosis, it is often a good idea to have medical confirmation that they have adequate mental capacity to sign an LPA to avoid any disputes or misunderstandings over the validity of their LPA arising in the future.

What happens if you do not have a Lasting Power of Attorney

Without an LPA, it will be necessary to apply to the Court of Protection for a deputyship order to enable you to deal with someone’s affairs if they lose the ability to do this for themselves. Even if you are married to someone, you cannot step in to make decisions on their behalf without legal authority.
Obtaining a deputyship order is a longer and more complicated process than being appointed as an attorney. It can leave families in a difficult position while the application is dealt with and also requires more ongoing supervision by the Court of Protection.
Wherever possible, it is advisable to put an LPA in place, particularly if someone has been given a dementia diagnosis. While it is difficult to think about the future, it can make matters much easier for loved ones where plans have been made.

Contact us

If you would like to speak to one of our expert Lasting Power of Attorney lawyers, ring us on 01252 268862 or email us at marie@mgfwills.co.uk

Or, if you’d rather arrange a face to face appointment:

Hannah Dunmall
Hannah Dunmall
04/03/2021
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I would highly recommend MGF. Marie guided us kindly and professionally from the first initial phone call to the final signing. She provided an un-pressured, user friendly service, that was very personal and efficient. We were very ignorant around the whole subject of wills and lasting powers of attorney, but Marie always made us feel that no question was a stupid one, and gave her time and attention to ensure we understood all that was involved. We have peace of mind now that we have everything in order, and wouldn’t hesitate to recommend Marie.
Nicole Falleur
Nicole Falleur
26/02/2021
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I found this lady's business on an online search for a local will writer / solicitor for my Mother & I to write our wills after having not so positive experiences with previous companies we'd tried & Mum preferred to relate to a lady & I found that she was in our area & the only 1 who had 100% 5* Star ratings from all her customers who'd left reviews ! So we contacted her & went from there ! 🙂 We could not have found or wished for anyone better ! She offers such a personal service & is so easy to communicate with & is very knowledgeable & goes "the extra mile", nothing seems too much trouble & despite being a very busy woman, she gives as many extra hours of her time as her clients need & she does it all at a set fee ! She does not charge extra add on, additional charges for every hour, phonecall, Zoom call, visit, paperwork she does for you, she keeps to the very competitive price she quoted at the outset, which we found most unusual & refreshingly nice & welcome & very much appreciated indeed, no hidden charges or fear of nasty, frightening financial surprises ! She is such a very lovely person, personable, natural & relaxed to deal with, competent & efficient, keeps her word & punctual, doesn't let you down. We couldn't find better & she truly exceeded our expectations & we will use her again as she offers multiple legal services as listed on her website. Thank you Marie !
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Victoria Shortland
26/02/2021
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Fabulous service from MGF Wills and Estate Planning. Marie was very helpful and answered our many many questions very patiently! I felt that Marie really knows her stuff and is very reasonably priced. Highly recommended.
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Mr Clive Wills
12/02/2021
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My wife and I had Mirror Wills drawn up. Marie was very professional, friendly and excellent communication throughout. She talked us through all aspects of wills. A very straightforward process and job done promptly. Completed in a Covid safe way. We would definitely recommend MGF.
Lissy Evett
Lissy Evett
11/02/2021
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My objective was to find a good and affordable Will writing service that could accommodate me in a timely manner. I found all of those things with Marie Forkner, from the MGF Wills & Estate Planning Service. Great customer service, professional, knowledgeable, and friendly. I highly recommend MGF Wills & Estate Planning Service. Excellent!
Kerry Davis
Kerry Davis
01/02/2021
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Please do not hesitate in using MGF Wills. Excellent, knowledgeable service with unbiased advice and guidance. Look no further for your future planning needs. Highly recommended to anyone considering Will writing/storage etc. Wouldn’t hesitate recommending to friends and family A*.
Doug
Doug
24/01/2021
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We would highly recommend MGF Wills. We had a will made last year. Marie was thorough, patient and willing to answer all our questions. There was no pressure put on us. Pricing was clear from the start. Highly recommended.
Carruthers Family
Carruthers Family
20/01/2021
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Friendly advise & clear directions making completing our 1st Wills very straight forward. Have already recommended to a friend. It didn’t matter that it was all completed over the phone rather than face to face.
Mark C
Mark C
18/01/2021
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Great service, competitively priced and quick turn around time. Marie explained everything clearly and was very knowledgeable. Would definitely recommend.
Mark Smith
Mark Smith
13/01/2021
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Marie drew up the wills for my partner and I. She was professional and accommodating throughout the entire process. Everything was explained clearly and there was no such thing as a silly question. She even took the time to walk us through the signing process with our neighbours! We would thoroughly recommend Marie and will be using her in future if and when we need to update our wills.