MY MUM HAS DEMENTIA, DOES THAT MEAN SHE CAN’T PREPARE A LASTING POWER OF ATTORNEY?

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.