Legal discussions tend to be the last on the list when dealing with the emotional blow of finding out a loved one is suffering from dementia, but early discussion can save much stress and heartbreak further down the line.
Kate Maybury, solicitor at Wake Smith & Tofields offers the following advice:
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Don't leave it too late - it is a difficult subject to raise but it is better to talk about it as early as possible if you are to minimise any problems later on. In order to make a Lasting Power of Attorney, you must be mentally capable of understanding it, so do it before the condition progresses.
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If you think that one of your loved ones might be becoming forgetful or starting to deteriorate mentally, check that they have made provision for someone to deal with their affairs, and if not, suggest that they consider preparing a Lasting Power of Attorney.
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Write your Will - this is something that everyone should do anyway, but if you need to make a new Will or amend an existing one, do it before it is too late. Like Lasting Powers of Attorney, you need to have mental capacity in order to make one.
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Consider end of life treatment - this covers decisions that your next of kin would need to make in case of incapacity, such as artificial resuscitation. You can prepare Living Wills or Advance Directives for this purpose. The awful decision that your family might have to make will be eased if you have left them specific instructions.
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Ask the Court to appoint a "Deputy" - if it's too late to do any of the above and someone needs assistance in paying bills and dealing with their affairs, the Court can appoint a family member or close friend to be a Deputy.
Kate adds: "It's not always something we want to think about, but it is important to prepare a Lasting Power of Attorney to allow the people you trust to act on your behalf and give you help when you need it. It will help to ease the burden that may be placed on your loved ones and you can rest assured that your affairs will be looked after by the people you have chosen.
"The law on mental capacity changed in 2007 and Lasting Powers of Attorney replaced Enduring Powers of Attorney. The benefit of making a Lasting Power of Attorney is that you can now appoint someone to deal with your health and personal care as well as your finances."
"Try and put your fears and emotions to one side and broach the conversation with a loved one. If you have concerns take action and consult your GP or solicitor."
For further information please contact a member of the Wills and Probate team on 0114 266 6660.
