I live in Caversham and my mother has just been diagnosed with dementia. Is it too late to get an LPA for her?
The good news here is it is almost certainly not too late to put a Lasting Power of Attorney (“LPA”) in place. In fact, it is essential that this is done as soon as possible. There are two types; an LPA for property and financial affairs and an LPA for health and welfare.
The first gives the attorney(s) the power to make decisions about the individual’s financial and property matters – deciding how money is spent, managing bank accounts, etc. Without one, the Court of protection has the power to freeze bank accounts.
The second gives the attorney(s) the power to make decisions about a person’s health and welfare, including medical treatment and where they should live. Without one, the healthcare provider may make decisions that may not have been agreed by the individual if they had mental capacity.
In both instances, the individual drawing up the LPA can include specific wishes.
It is, in fact extremely important that LPAs be drawn up for everyone, especially those who are facing a future living with dementia. People who have been diagnosed with dementia can become unable to make decisions as their condition progresses. When this happens, they are deemed to “lack capacity”.
The Mental Health Act 2005 (“MCA”) deals with decision-making relating to an individual’s financial and property affairs. It also deals with health and social care.
With an LPA in place, the interests of the individual and their loved ones can be protected, if the worst happens and mental capacity is lost.
If you need a Lasting Power of Attorney (“LPA”) in the Greater Reading area, The Will Associates’ local Consultant is Kate Jackson.
Please contact The Will Associates on 0800 9500 700 to arrange a no obligation meeting with Kate at a time convenient to you.