One of the most important things you can do early on is to get your legal affairs in order. Emily Gordon, Senior Associate in Rothera Bray’s Mental Capacity and Court of Protection team at our Nottingham office, explains how planning ahead can help protect your wishes and give you and your loved ones peace of mind, especially if your condition worsens over time.
Why you should plan early
Dementia affects people in different ways, and in the early stages, many people still have the ability to make important decisions. This is called having mental capacity. It means you can understand, weigh up, and communicate decisions about your life and finances.
Even though you have been diagnosed with dementia, this doesn’t mean you’ve lost your capacity to make choices. But because dementia can progress unpredictably, it’s important to make key decisions now, while you still can.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you choose someone you trust to make decisions on your behalf if you’re no longer able to.
There are two types:
1. LPA for Property and Financial Affairs
This allows someone to help you with things like:
- managing your bank accounts
- paying bills
- selling your home, if needed
You can choose whether this takes effect:
- only if you lose mental capacity, or
- as soon as it’s registered, even if you still have capacity (for example, if you need help physically)
2. LPA for Health and Welfare
This lets someone make decisions about:
- your medical treatment
- where you live
- day-to-day care
This type of LPA only takes effect when you’re no longer able to make these decisions yourself.
Why it’s so important to act now
To set up an LPA, you must be able to understand what you’re signing. If you wait too long and your mental capacity declines, you won’t be able to make an LPA anymore.
If that happens, your family will need to apply to the Court of Protection for permission to manage your affairs. This is called a Deputyship. It’s:
- more expensive
- time-consuming
- stressful for loved ones
And importantly, the court may appoint someone you wouldn’t have chosen.
Common misunderstandings
- “My spouse or children can decide for me automatically.”
Unfortunately, they can’t. They don’t have automatic legal rights to act for you unless you’ve given them power through an LPA. - “My will covers this.”
A will only takes effect after you pass away. It doesn’t help with decision-making while you’re still alive.
Key takeaways
- A dementia diagnosis doesn’t mean you’ve lost the ability to make legal decisions
- You can only make an LPA while you have mental capacity to do so
- An LPA lets you choose someone you trust to make decisions if you’re no longer able to
- If you don’t have an LPA and lose capacity, your loved ones will need to apply to the Court of Protection
- Setting up an LPA early is simpler, cheaper, and puts you in control
If you’ve been diagnosed with early dementia, now is the time to think about putting LPAs in place. Doing this early ensures your voice is heard and your wishes are followed, no matter what the future holds.
Contact us on 03456 462 126 or email enquiries@rotherabray.co.uk to get started with your LPAs and protect your future.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 462 126 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
