Dementia is a frightening disease touching many lives. Every three seconds, another person is diagnosed with dementia across the world.

With the number of dementia sufferers set to double over the next decade, it is important that we all take steps to protect our loved ones as best we can.

This article will explain the practical ways that a Lasting Power of Attorney, or LPA, can be used to help alleviate the stresses and difficulties faced by families coping with dementia in the UK.

What is an LPA?

If someone loses their mental capacity and can no longer make decisions about their health, care or finances, an LPA gives an elected friend or family member the authority to act on their behalf. This person becomes known as ‘the attorney’.

An LPA can be created just for financial decisions, or for health and care. Or you can create both.

Decisions covered by a financial LPA include:  

•             Buying and selling property

•             Paying the mortgage

•             Investing money

•             Paying bills

•             Arranging repairs to a property

Decisions covered by a health and care LPA include: 

•             Where you should live

•             Your medical care

•             What you should eat

•             Who you should have contact with

•             What kind of social activities you should take part in

When should I make an LPA?

IMPORTANT: Once a person loses their mental capacity, they cannot create an LPA, so it is important that you do this while you are still well.

You can create one if you are over the age of 18 and of sound mind. It is always best to have one, rather than wait until you are older. They are just as valuable if you suffer a serious accident or illness.

Do I still need an LPA if I am married or in a Civil Partnership?

Yes. If someone has not drawn up an LPA and they are assessed as having lost mental capacity, you will have to apply to the Court of Protection to be appointed as that person’s attorney. Even if you are married or their Civil Partner.

This takes time and costs money. An LPA means you will be recognised as their attorney immediately, so you can act for them straight away.

How do I apply to the Court of Protection if I don’t have an LPA?

Download the Court of Protection application forms and submit them with the fee of £365 (January 2020). If the court decides to hear your case, they will charge an additional £485 (January 2020). Further fees may be applicable.

How long before an LPA becomes affective?

If you already have a registered LPA in place it becomes effective immediately.

It usually takes up to 6 weeks for an LPA to be registered once you have competed the necessary paperwork.

If applying to the Court of Protection, the court says that it aims to issue an order within 21 weeks of the application being stamped. It can take 5-6 weeks to get to this point, depending upon how long the initial steps take. So, it could take more than 6 months.

Summary

An LPA is only effective if it is made before it is ever needed, so make sure you have one in place for all family members over the age of 18.

For further advice or to make an LPA today, contact our team and we will help you with this.

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