The week commencing 15 May 2017 marked Dementia Awareness Week. For those people who are affected by dementia it can be a great comfort to know that your day to day affairs are in order and likewise that your estate will be distributed in accordance with your wishes following your death.

Symptoms of dementia often become worse over time and it is crucial to make plans for your future, if you or one of your loved ones has had a diagnosis. In order to put in place legal documents such as a will or LPA, you must be deemed to have mental capacity at the time you put each document in place.

Wills

A valid will allows you to confirm how you wish your estate to be distributed following your death.  Without a valid will your estate will usually pass under strict legal rules known as the “intestacy rules”.

If you have been diagnosed with dementia it does not mean you cannot put a will in place as you could still have capacity to make a will. Nonetheless, the sooner you put a will in place, the lower the risk of having an issue with capacity. 

Lasting Powers of Attorney

By putting in place an LPA, you can appoint a person(s) of your choose to make decisions on your behalf should you lose mental capacity.  There are two different types of LPAs, one for property and financial decisions and one for health and welfare.

For LPAs, mental capacity is assessed at the material time and either someone who has known you for at least 2 years or a professional experienced in dealing with LPAs (such as your GP or solicitor) needs to sign the LPA  confirming that you have understood and wish to put the LPA in place.

What if a loved one has already lost capacity?

If someone you know has lost capacity then all is not lost but you and your family can face very time consuming and very expensive difficulties in sorting out your affairs.

If you want to discuss any of the matters raised in this article then please feel free to contact a member of mosshaselhurst’s private client team on 01606 74301.