Record numbers of dementia cases make it more important than ever to have valid powers of attorney and an up-to-date will, warn Coles Miller Solicitors.
England now has one of the highest dementia diagnosis rates in the world. A record 487,432 people in England were diagnosed with the condition, latest NHS data shows.
Many more cases are going undiagnosed. The NHS dementia diagnosis rate is 65.0%. Its target is 66.7%.
People should prepare by getting lasting powers of attorney and by either making or reviewing their wills.
A lasting power of attorney (LPA) enables a person to nominate one or more people to take decisions on their behalf.
There are two types of LPA. It is important to have both:
- Property and Financial Affairs LPA – for running bank and savings accounts, paying bills, making or selling investments, buying or selling property.
- Health and Welfare LPA – for healthcare, medical treatment, where you live and day-to-day matters such as diet and daily routine.
Coles Miller Partner Anthony Weber said: “It’s vital to put lasting powers of attorney in place while you still have the mental capacity to do so.
“If you leave it too late, a loved one will have to apply to the Court of Protection to be appointed as your deputy. Deputyships are much more time-consuming and expensive,” added Mr Weber, head of the Wills & Probate Department at Coles Miller.
It often falls to loved ones to make sure their elderly relatives have considered things and have all the information they need before it is too late to make informed decisions.
“Children of elderly parents often find it hard to broach the subject but it is very important they have the conversation and make sure things are as their parents wish,” said Mr Weber.
People should also make or review their will while they still have mental capacity.
And they should back up their will with a supporting letter of wishes that explains to the executors why they have made (or not made) bequests and other decisions.
Mr Weber said: “Increasingly, more wills are being disputed by family members – or others – who feel aggrieved that they did not receive their ‘fair share’ or were left out completely.
“The mental capacity of the testator (the person making the will) can be a key factor in these litigation cases.
“So the beneficiaries must be able to prove that the testator had the mental capacity to take the decisions they did when they made or amended their will,” he added.
Coles Miller can also help people with advance medical decisions. These directives – sometimes known as ‘living wills’ – are very rare.
They enable people to refuse certain types of medical treatment in advance by communicating their wishes to doctors (if they are unable to do so).
Typically, this could involve refusing:
- cardiopulmonary resuscitation (CPR) if their heart has stopped
- ventilation to help them breathe
- antibiotics to combat infection.
Mr Weber said: “In theory, medical decisions such as these could be covered by a Health and Welfare LPA.
“But in practice, some doctors can be reticent to withhold life-or-death medical treatment based purely on an LPA. So it makes sense to back up the LPA with an advanced medical decision.”
Coles Miller is a leading Dorset law firm with six offices in Poole, Bournemouth, Christchurch, Broadstone and Wimborne. It helps clients across the country.
Members of its staff have undergone special training by the Alzheimer’s Society under its Dementia Friends programme.
Dementia Friends training enables Coles Miller solicitors to understand better:
- how people with dementia think
- how it affects their ability to take decisions and communicate
- how they can best be helped.
Coles Miller staff are also members of the Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly). This trusted national organisation accredits lawyers that specialise in providing legal advice to older and vulnerable people, their families and carers.
Coles Miller’s wills and probate lawyers help clients with wills, probate, Inheritance Tax planning, estate administration, powers of attorney, trusts, care home funding, Court of Protection matters, advance medical decisions, charities and equity release. Coles Miller’s litigation solicitors help clients to contest or defend wills.
For more information, contact Marketing Director Nick Balchin.
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