It’s a sad fact of life that many
of us should think about helping our loved ones organise a Lasting Power of
Attorney (LPA). But what if your mum, for example, is diagnosed with dementia?
Does this mean that she can’t prepare an LPA? You might be surprised to know
that just because she is living with dementia, it doesn’t necessarily mean she doesn’t
have the capacity to prepare an LPA
What Is A Lasting Power Of Attorney?
First off, let’s take a look at what Lasting Power of Attorney means. It’s a
legal document that nominates one or more people to make decisions for you in
the future if you are not able to. These decisions can be around health and
welfare or property and finance. You can make an LPA for one of these, or both.
To be able to make an LPA, you must have what is known as “mental capacity” or
the ability to make decisions for yourself at the time you do this.
Can A Relative With Dementia Make An LPA?
Clearly, in the case of dementia, some people may lack the required mental
capacity if the disease has progressed to a certain point. However, it is
reassuring to know that in the earlier stages of dementia, your mum or loved
one may well be considered to have sufficient mental capacity to go ahead with
an LPA.
In this case, a health or social care professional or an independent person
will sign the paperwork to say they consider the person making the LPA has the
decision-making ability required. This person is known as the Certificate
Provider and in most cases, I can act as the Certificate Provider. In
exceptional circumstances, a medical professional may be required, depending on
how advanced the Dementia is.
This is greatly reassuring as it enables your loved one to take control of
their future while they are still well enough to do so by appointing someone
they trust to make decisions on their behalf. It also provides peace of mind
for you, the relative, knowing that they have been able to stay in control for
as long as possible.
Contact Me Today!
I am a professional Will writer based in Leicester with over 18 years’
experience in this area of law. Get in touch today for a friendly, sensitive
service that offers free home visits and weekend and evening appointments to
make the process as easy as possible for you or your loved one.
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