How Does the Power of Attorney Work When Someone Has Dementia?

At KYN care homes in London, we’re committed to helping our residents enjoy their lives in a safe, relaxing and luxury environment. However, even with the best dementia care in London only a few steps away, there will come a point in anyone’s dementia journey where they are no longer able to make decisions for themselves.

In circumstances like these, a lasting power of attorney is an important way to ensure that a person can choose who will be able to make decisions about their future. In this detailed guide, we’ll explore the importance of a lasting power of attorney for anyone living with dementia, and how it can protect you as your dementia progresses.

What is the Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you become unable to do so yourself. This is especially crucial for individuals living with dementia, as the condition results in reduced mental capacity over time. An LPA empowers people living with dementia and their loved ones to plan for the future.

As dementia progresses, it increasingly impairs judgement, planning, and decision-making skills. Putting an LPA in place while mental capacity remains intact allows individuals living with dementia to select someone who understands their wishes. This provides reassurance that the attorney will make decisions in their best interest if they can no longer do so themselves.

What are the Types of Lasting Power of Attorney?

Property and Affairs LPA:

This LPA appoints someone to make decisions about your financial matters if you're no longer able to do so. Your chosen attorney can manage bank accounts, pay bills, collect benefits, handle taxes, sell property, and make other decisions regarding assets and expenses to support your needs. This helps organise finances and provide for future costs of care.

Health and Welfare LPA:

A Health and Welfare LPA authorises your attorney to make decisions about medical care and housing if you lose the ability to choose for yourself. This includes consenting to or declining treatments, arranging nursing home placement if needed, and deciding on other aspects of care and housing based on your preferences.

How to Choose Between the Two:

You can choose to make both types of LPA or just one - it's up to your individual needs and situation. Having both ensures your financial affairs and health/care decisions can be fully managed according to your wishes if dementia impacts your capacity. However, just a Property and Affairs LPA also helps protect finances.

How to Create a Lasting Power of Attorney

To make an LPA, you must be 18 or over and have sufficient mental capacity to understand the significance of the document. The person chosen as attorney must be over 18. An LPA cannot be used until registered with the Office of the Public Guardian.

When is Best to Make an LPA for Someone with Dementia?

It's advisable to make an LPA as soon as possible after a diagnosis of dementia while capacity remains. Fluctuating abilities early in dementia mean there may be "good days" sufficient to understand and complete an LPA. Planning ahead provides peace of mind.

Once completed, an LPA must be registered with the Office of the Public Guardian (OPG). This involves an application and providing medical evidence of mental capacity. Either the donor or the attorney can submit the registration. Approval takes 8-10 weeks, after which the LPA can be used.

How Do I Choose an Attorney to Assist with My LPA?

Think carefully about who understands your values and wishes best. Many people choose a close relative or spouse, but you can also select a friend or professional attorney. Consider their skills, experience, location and ability to separate personal feelings as a decision-maker.

What are the Benefits of Having a Lasting Power of Attorney?

Having an LPA provides reassurance that your attorney will make financial and care decisions in your best interest according to your preferences. It allows you to retain some control over your future.

What are the Consequences of Not Having an LPA?

Without an LPA, no one has clear legal authority to make financial, care, or medical decisions for you if you no longer have mental capacity. This places great difficulties on spouses and loved ones.

Lacking an LPA means a deputy through the Court of Protection would likely be required for someone to obtain decision-making powers. This is more complicated and costly than having an appointed attorney under an LPA.

Who can help me with the LPA application process?

Solicitors and professional deputies can provide legal help completing your LPA. Charities like Age UK also offer guidance.

Can I appoint multiple attorneys for different LPAs?

Yes, you can choose different attorneys for health/welfare decisions and financial/property matters.

How can I ensure my wishes are respected through an LPA?

Your LPA document allows you to provide instructions, preferences, restrictions and guidance that your attorney must consider. Discussing wishes clearly is key.

What if I change my mind about my chosen attorney?

You can revoke an LPA at any time while you still have mental capacity and make a new one appointing someone else as your attorney.

How long does the LPA registration process take?

Registering an LPA with the Office of the Public Guardian typically takes 8-10 weeks, after which it can be used.

The Importance of LPAs for People Living with Dementia

LPAs allow people with dementia to plan ahead, easing decision-making for the future. Acting early to appoint an attorney is widely advised while mental capacity remains. Lasting Powers of Attorney ultimately provide legal empowerment, security, and peace of mind for both individuals living with dementia and their loved ones when difficult decisions arise.

It's important to note that even after appointing an attorney, a person living with dementia remains involved in decision-making for as long as possible. If the attorney is not a family member or the court has appointed a deputy, families can still provide input as part of the best interest decision making process.

Additionally, next of kin cannot legally make choices for someone living with dementia, though they still participate in the best interest decision making process. For this reason,

establishing a Lasting Power of Attorney early on is crucial. It empowers people to choose who will manage important affairs if mental capacity reduces.

Here at KYN, many of our residents have a Lasting Power of Attorney, and we regularly work with those under an LPA to ensure they enjoy a rich, full life at one of our care homes in London. Whether you’re considering moving into a care home yourself, or you have an LPA over a relative or loved one and you’re looking for a luxurious care home, we are here to help.

Our team of carers and nurses are dedicated to providing outstanding, personalised care tailored to residents’ unique needs and wishes. To request a KYN brochure, enquire today. Fill in our online form, call us on +44 (0) 20 3535 1923 or email enquiries@kyn.co.uk.