AFG Law offers a full range of legal services for individuals and businesses alike. Many of the firm’s services are provided UK-wide, with physical offices located in Bolton and Bury.
September is World Alzheimer’s Month, an international campaign which aims to raise awareness of Alzheimer’s disease and other forms of dementia and challenge the stigma surrounding them.
This year’s campaign focuses particularly on the importance of early diagnosis. World Alzheimer’s Day takes place on September 21 each year.
For individuals and families affected by Alzheimer’s, receiving a diagnosis can understandably bring many questions about what happens next.
Alongside healthcare and support, it can also be an important time to consider legal and financial arrangements for the future.
At AFG Law, our Private Client team helps individuals and families put these arrangements in place, including Lasting Powers of Attorney.
Is it too late to make a Power of Attorney after an Alzheimer’s diagnosis?
One common misconception is that receiving a diagnosis of Alzheimer’s automatically means somebody can no longer make legal decisions for themselves. However, this isn't always the case.
A person can make a Lasting Power of Attorney (LPA) provided they have the necessary mental capacity to understand and make that particular decision at the time.
This means somebody in the earlier stages of Alzheimer’s may still be able to decide who they trust to act for them in the future.
However, because Alzheimer’s is progressive, it is sensible to consider these arrangements sooner rather than unnecessarily putting them off.
What can a Lasting Power of Attorney cover?
There are two types of LPA.
A Property and Financial Affairs LPA can allow chosen attorneys to deal with matters such as bank accounts, paying bills, pensions, investments and property.
A Health and Welfare LPA can allow attorneys to make certain decisions about matters such as medical care, where somebody lives and their day-to-day care if they later lack the capacity to make those decisions themselves.
The person making the LPA chooses who they trust to act as their attorney. This could be a spouse, adult child, another relative or somebody else they trust.
What happens if you wait too long?
An LPA cannot simply be created by a relative after somebody has lost the mental capacity required to make one.
Being someone's husband, wife, child or next of kin does not automatically give you authority to take over all of their financial affairs.
If somebody has already lost capacity without an appropriate LPA in place, their family may need to consider an application to the Court of Protection.
For financial matters, this can include applying for somebody to be appointed as a deputy.
Planning earlier gives the individual themselves the opportunity to decide who they want to act for them.
World Alzheimer’s Month is a useful reminder that planning for the future can be part of the practical conversations families have following a diagnosis.
To discuss your circumstances with our Private Client team, visit www.afglaw.co.uk, call 01204 920102 or contact AFG Law's team in Bolton.
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