In a recent episode (Monday, 28 April) of Coronation Street, Debbie Webster’s whole world turned upside down when she was diagnosed with vascular dementia.
Before her formal diagnosis, Debbie experienced symptoms such as forgetfulness, misplacing her possessions, and acting out towards her loved ones.
Viewers were confronted with the harsh reality of the disease when the doctor advised Debbie that there was no medication to treat dementia.
As a result of the inevitability of Debbie’s deterioration, both mentally and physically, the doctor advised her to maintain her cardiovascular health and explore the option of putting a Lasting Power of Attorney (LPA) in place.
What is an LPA?
An LPA is a legal document that allows individuals to appoint a person(s) (usually family members or close friends) to help them make decisions or to make decisions on their behalf. There are two types of LPA:
- A Property and Financial Affairs LPA, which gives your appointed attorney the authority to deal with your property and finances, as you specify.
- A Health and Welfare LPA, which allows your attorney to make health and welfare decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.
This blog will focus on financial affairs.
An LPA can only be created by the individual themselves when they have the mental capacity to do so. This is why the doctor advised Debbie to make an LPA in the event that she later loses her mental capacity (which is common for patients suffering from dementia due to its incurable nature).
Myth buster
Just because a person is diagnosed with Dementia, it does not automatically mean that they lack capacity to make decisions independently whether that be about finances or welfare matters. Many people can live with Dementia for a long time without needing any assistance at all.
What would happen if Debbie did not put an LPA in place, but later lost the capacity to manage her finances?
If Debbie does not create an LPA and later loses capacity to manage her financial affairs, she will also lose the ability to control and determine who she would like to manage her financial affairs. Managing financial affairs can range from, but isn’t limited to, making and managing decisions regarding bank accounts, paying bills, collecting income such as benefits, and also includes significant decisions, such as selling your property.
This means that family and / or friends, who may want to assist with management of finances for Debbie, might be at risk of not being able to do so.
As Debbie would no longer have capacity to provide instructions as to who she would like to manage her financial affairs under an LPA, an application would need to be made to the Court of Protection for a financial Deputy to be appointed.
It is important to note that the Deputyship process is more time-consuming and costly, and it isn’t always guaranteed that family members or friends of the individual will be appointed as their Deputy to manage their financial affairs. The only way for a person to guarantee who manages their financial affairs is to create and register an LPA before they lose the mental capacity to do so.
How can you get an LPA?
Our multi award-winning legal experts are widely recognised for our practical and helpful legal advice.
Our specialist solicitors can guide you through the entire process, selecting and appointing individuals who are trustworthy and will make decisions with your best interests in mind.
We will provide practical and compassionate legal advice that takes into account your own unique circumstances.
What if I’m concerned about someone who has already lost mental capacity?
Our team of specialists can assist you in making Court of Protection Deputyship applications. We also have experts approved by the Court, ready to take on the role of a Professional Deputy if necessary.
It will be necessary to appoint a Professional Deputy in many cases where there is no one willing or able to take on the role.
Any person over the age of 18 can make an application to be a deputy – in many cases this will be a spouse or a close relative. If you are becoming concerned about your own, or a loved one’s ability to effectively manage their affairs, we can assist and support you.
Act now, before you’re unable to
The moral of this Coronation Street storyline is that life is unpredictable, and it is important to put plans in place to safeguard your affairs.
The team at Ramsdens Solicitors can help you both with enquiries about LPAs and Deputyships, so contact our team today on 01484 821 500 or email [email protected].
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.
Furthermore, the information contained is accurate and up to date as of the date of publication. Readers should be aware that legislative frameworks may have been amended since the original date of publication.