Legal Information and Support

Understanding Legal Information

Having dementia or caring for someone with the condition can be upsetting for all involved. The information below will help you understand important legal information and decisions which you may have to make.

Legal support is often overlooked or let too late so it is essential that you read and understand what is available to you and how to set this up.

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Advice & Support

Legal Power of Attorney (LPA)

A power of attorney is a legal document which can be set up to allow someone you trust – such as friends or family – to deal with your affairs in the event that you are unable to do this yourself. They can be in place for a long time but can be changed or altered providing you are mentally able to do so.

There are 2 main types:

Property and Finance: This allows someone to look after your bank accounts, money, tax and bills, property or investments and any pension and benefits you may have.

Health and Welfare: This allows someone to make important decisions about your medical needs or care, where you live or aspects of day to day living – such as personal care and hygiene.

You do not need to appoint the same person for both types of LPA and you can have none, one or both types. It is important to decide when you wish to set up an LPA due to the progressive nature of dementia. It is recommended that you look at setting up an LPA (if required) as soon as you can and before the condition has progressed too far that your ability to make decisions is impacted.

Mental capacity is an important part of having an LPA. The person requesting the LPA must have the capacity to make decisions for themselves. The definition of ‘Mental Capacity’ is contained within the Mental Capacity Act 2005. A link to this legislation can be found here.

Setting Up An LPA

You should ensure that you understand what it means to set up an LPA and what rights you have and are giving to your attorney.

It is also worth noting that the process for setting up an LPA may differ depending on which UK region you live in. Guidance for Scotland, Wales and Northern Ireland is also available at the link below.

For full information on how to setup, modify or remove an LPA please refer to guidance at: Gov.UK