World Alzheimer's Month: The Importance of Lasting Powers of Attorney

September marks World Alzheimer’s Month, a global campaign dedicated to raising awareness and challenging the stigma surrounding Alzheimer’s disease and other forms of dementia. With over 850,000 people in the UK currently living with dementia, it is more important than ever to discuss the critical legal steps that can help safeguard the future for individuals and their families.

One of the most crucial legal protections available is the Lasting Power of Attorney (LPA). At Pepperells Solicitors, we understand that planning for the future can be a difficult and emotional process. However, ensuring that you have an LPA in place can provide peace of mind, knowing that your wishes will be respected if you are no longer able to make decisions for yourself.

Understanding Alzheimer’s and Dementia

Alzheimer’s disease is the most common cause of dementia, a general term for a decline in cognitive ability severe enough to interfere with daily life. Symptoms include memory loss, confusion, difficulty with reasoning and problem-solving, and changes in behaviour or personality. As the disease progresses, individuals may become unable to manage their finances, make medical decisions, or even express their preferences for daily care.

For families affected by Alzheimer’s, the emotional toll is significant. Alongside the emotional and practical challenges, there is also the stress of making decisions on behalf of a loved one who may no longer be able to communicate their wishes.

Why a Lasting Power of Attorney is Essential

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people to help you make decisions or to make decisions on your behalf if you lose mental capacity. There are two types of LPA: one for health and welfare, and one for property and financial affairs. Both types are vital in ensuring that your wishes are followed in every aspect of your life.

1. Health and Welfare LPA: This type of LPA covers decisions about your personal health and welfare, such as your daily routine, medical care, or moving into a care home. It only comes into effect if you lose the mental capacity to make these decisions yourself. Without a Health and Welfare LPA, these decisions could be made by medical professionals or social services, who may not fully understand your preferences.
2. Property and Financial Affairs LPA: This LPA allows your chosen Attorney to manage your finances, including paying bills, collecting benefits, or selling your home. Unlike the Health and Welfare LPA, a Property and Financial Affairs LPA can be used as soon as it is registered, with your permission. This flexibility can be particularly useful if you want assistance in managing your finances before you lose capacity.

The Risks of Not Having an LPA

Without an LPA in place, if you lose the capacity to make decisions, your loved ones may have to apply to the Court of Protection to become a deputy. This process can be lengthy, costly, and stressful, and the person appointed as your deputy may not be the person you would have chosen yourself. Moreover, deputies have limited powers compared to an attorney appointed through an LPA, which could lead to complications in managing your affairs.

The absence of an LPA can also lead to disagreements among family members about what is in your best interest, potentially leading to legal disputes and further emotional distress.

Taking Action Early

It is a common misconception that LPAs are only for the elderly or those already diagnosed with dementia. In reality, anyone over the age of 18 can set up an LPA, and it is advisable to do so as early as possible. Life is unpredictable, and having an LPA in place ensures that you are prepared for any eventuality.

By creating an LPA, you are not just protecting your own interests but also relieving your loved ones of the burden of making difficult decisions without your guidance. It allows you to have control over your future and ensures that your wishes are respected, no matter what happens.

How Pepperells Solicitors Can Help

At Pepperells Solicitors, we have a dedicated team of legal professionals who are experienced in advising on and drafting LPAs. We understand that every individual’s situation is unique, and we are committed to providing tailored advice that meets your specific needs.

During World Alzheimer’s Month, we encourage you to take the time to consider your future and the legal protections you may need. Whether you are concerned about your own situation or that of a loved one, our team is here to guide you through the process with sensitivity and expertise.

Alzheimer’s and other forms of dementia can take away the ability to make important decisions about your life. By setting up a Lasting Power of Attorney, you can ensure that your wishes are respected and that those you trust have the authority to act on your behalf.

As we observe World Alzheimer’s Month, let it be a reminder to take action now to protect your future and provide peace of mind for you and your loved ones.

For more information or to arrange a consultation, please contact Pepperells Solicitors today. Let us help you take the necessary steps to secure your future.