World Alzheimer’s Month – Supporting Your Loved Ones

September marks the start of World Alzheimer’s Month, with the Alzheimer’s Society campaigning to raise awareness of the impact the illness has on individuals and their loved ones.

When a loved one is diagnosed with dementia or Alzheimer’s, it can feel incredibly overwhelming for them and for their family or support network. The thought of losing capacity brings emotional distress, and many people worry about financial and legal complications.  There are practical tools which can help to ease these worries, ensuring your loved one’s wishes are respected and their needs are met even if they lose capacity.

Lasting Power of Attorney (LPA)

An LPA allows someone to appoint trusted individuals as Attorneys, granting them  legal power to make decisions on their behalf if they lose mental capacity. Attorneys can be appointed under a Heath and Welfare LPA, covering decisions about care and living arrangements, and/or a Property and Financial Affairs LPA, managing bank accounts and property matters.

Setting up an LPA early ensures that your loved one has a trusted friend or family member ready to step in and make decisions on their behalf, in their best interests, if they can no longer make decisions for themselves. Without an LPA, it can become difficult to make even basic financial decisions.

Court of Protection

It is not always possible to set up an LPA in time, and if a loved one has already lost capacity, the Court of Protection can appoint a Deputy to manage their affairs. Like LPAs, Deputies can make informed decisions about the individual’s health, wellbeing, property, and financial affairs. This route provides legal authority to act on someone’s behalf as either a lay or Professional Deputy but is more costly than preparing an LPA when you are fit and well. Involving the Court of Protection is an effective last resort when planning has not been possible in advance.

Making A Will

It is vital to write a Will with a legal professional and this can be done by someone who has capacity or via a Statutory Will for someone who no longer has capacity. Wills set out how someone’s estate should be distributed. Without a Will, the ‘rules of intestacy’ decide who inherits someone’s estate. This can cause upset for many families, as it does not account for personal relationships or the individual’s preference. Acting early provides clarity and peace-of-mind for everyone involved.

At JCP Solicitors, our Lifetime Planning colleagues work closely with our Court of Protection team to support you and your loved ones to set up LPAs, draft Wills, and appoint a Professional Deputy should this be required. Our friendly, knowledgeable team of specialists take a personalised approach, ensuring your loved one is treated with respect and kindness at what can be a difficult time.

For advice and guidance, contact JCP Solicitors by emailing hello@jcpsolicitors.co.uk or calling 03333 208644.