A beautiful moment of former ballerina with Alzheimer’s, Mata C. Gonzalez, recognising the sound of Tchaikovsky’s Swan Lake has been shared by thousands of people across the globe. This has further raised the importance of music to all those who have been affected by this year’s national lockdowns. It has also shown us that all is not lost for those who may have issues regarding mental capacity.
During the recent national lockdowns public awareness of the importance of putting in place Lasting Powers of Attorney (LPA) for both Property and Financial Affairs but increasingly importantly Health and Welfare has been raised.
In order to put in place an LPA, Donors must have mental capacity at the time of signing. They must therefore be able to understand, retain and use the information pertinent to their circumstances and to make and communicate their decision on the matter.
As a result, people with Alzheimer’s and other diseases such as severe dementia may often be considered not to have the relevant mental capacity to enter into an LPA.
Fortunately, there are alternative measures which can be taken to allow decisions to be made on behalf of those who lack mental capacity. These include applying to the Court of Protection for a Deputyship Order.
Like Attorneys under an LPA, a Deputy is able to make decisions for a person who lacks capacity primarily in relation to property and financial affairs but also in respect of health and welfare.
A Deputy can be a family member, friend or professional and our expert Court of Protection team can guide you through both the process of making the application to be appointed or by acting as a Court approved professional Deputy.
If you would like further information regarding Lasting Powers of Attorney and Deputyship Orders, then please contact our experienced Private Client team today. Call us on 01484 821 500 or email willsandprobate@ramsdens.co.uk.