Being diagnosed with dementia can bring about many changes and uncertainties. Planning for the future becomes essential, and one crucial aspect to consider is setting up a Lasting Power of Attorney (LPA). If you or a loved one has recently received a dementia diagnosis, you might be wondering: can you get power of attorney after a dementia diagnosis? Understanding the answer to this question is vital for ensuring your wishes are respected and your affairs are managed as you desire.
Understanding Lasting Power of Attorney (LPA)
A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust – known as your attorney – to make decisions on your behalf if you lose the capacity to do so yourself in the future. There are two types of LPAs:
- Health and Welfare LPA: This allows your attorney to make decisions about your healthcare and medical treatment, living arrangements, and day-to-day care.
- Property and Affairs LPA: This covers decisions about your finances, property, bank accounts, and bills.
Having an LPA in place ensures that someone you trust can step in to manage your affairs when you are no longer able to do so. This can provide peace of mind and security for both you and your family.
Dementia Diagnosis and LPA: Is it Too Late?
The crucial factor in being able to grant a Lasting Power of Attorney is having mental capacity at the time the LPA is made. Mental capacity means being able to understand the decision you need to make, the consequences of making it, and being able to communicate your decision.
A dementia diagnosis does not automatically mean you lack mental capacity. In the early stages of dementia, many individuals retain the capacity to understand and make decisions, including the decision to create an LPA.
Therefore, yes, you can get power of attorney after a dementia diagnosis, provided that the person diagnosed still has the mental capacity to understand what an LPA is and what it means to grant one.
However, time is of the essence. As dementia progresses, an individual’s mental capacity may decline. If someone loses capacity before creating an LPA, it becomes impossible for them to grant one. This is why acting promptly after a diagnosis is so important.
Why LPA is Crucial After a Dementia Diagnosis
Setting up an LPA after a dementia diagnosis offers significant benefits:
- Maintaining Control: It allows you to choose who you want to make decisions for you, ensuring your wishes and preferences are respected as your condition progresses. This can be incredibly reassuring during a time of uncertainty.
- Peace of Mind: Knowing that you have a plan in place for the future can alleviate stress and anxiety for both you and your loved ones. It provides clarity and direction for the future.
- Ease for Family: Without an LPA, if you lose capacity, your family may face significant legal and practical hurdles in managing your affairs. An LPA simplifies this process and avoids potential family disputes and stress.
- Avoiding Deputyship and Costs: If you haven’t created an LPA and lose capacity, someone may need to apply to the Court of Protection to become your deputy. This process is more time-consuming, expensive, and bureaucratic than setting up an LPA. A deputy is appointed by the court, not chosen by you, and they are subject to ongoing court supervision, including annual fees and reports.
Deputyship as an Alternative (and Why LPA is Better)
If it’s too late to get Power of Attorney because capacity has already been lost, deputyship is the alternative legal route. A deputy is appointed by the Court of Protection to make decisions for someone who lacks mental capacity.
While deputyship grants similar powers to an attorney, there are key disadvantages compared to an LPA:
- More Expensive and Time-Consuming: Applying for deputyship involves court applications, hearings, and ongoing fees, making it significantly more costly and time-consuming than creating an LPA.
- Court Appointed, Not Your Choice: The court chooses the deputy, and while they will consider family members, you have no direct control over who is appointed.
- Ongoing Court Supervision: Deputies are subject to annual fees and must submit annual reports to the court, adding to the administrative burden.
- Limited Scope for Health Decisions: It is less common for a deputy to be appointed for health and welfare decisions. Often, healthcare professionals will make these decisions in the person’s best interests if there is no LPA.
Choosing an LPA while you still have capacity is undoubtedly the more efficient, cost-effective, and empowering option compared to relying on deputyship later.
Taking Action: Steps to Get LPA After Diagnosis
If you’ve received a dementia diagnosis and are considering an LPA, here are the crucial steps to take:
- Seek Legal Advice: Consult with a solicitor or legal professional specializing in LPAs. They can provide tailored advice based on your individual circumstances and guide you through the process.
- Choose Your Attorneys: Carefully consider who you trust to act as your attorney(s). This should be someone reliable, trustworthy, and who understands your wishes.
- Complete the LPA Forms: You’ll need to complete the official LPA forms, specifying the types of decisions your attorney(s) will be authorized to make.
- Certificate Provider: A certificate provider (often a solicitor, doctor, or trusted friend) needs to certify that you understand the LPA and have the capacity to make it.
- Register the LPA: The completed LPA must be registered with the Office of the Public Guardian before it can be used.
Conclusion
It is possible to obtain Power of Attorney after a dementia diagnosis, but acting quickly is crucial. An LPA is an invaluable tool for ensuring your future wishes are respected and your affairs are managed smoothly. Planning ahead with an LPA provides significant benefits, offering control, peace of mind, and making things easier for your loved ones. If you or someone you know has been diagnosed with dementia, seeking legal advice and starting the LPA process should be a priority to safeguard the future.
