With the focus during Dementia Action Week, on diagnosis of the condition, it seems like a good time to think about how to prepare for times when extra help with the ‘stuff of life’ may be needed.  By this we mean perhaps when a friend or relative needs additional support to manage their finances and pay bills.  To help with this, it may be reassuring to the family for a Lasting Power of Attorney to be created.  Here we deal with the most frequently asked questions about this process.

How do I make a Lasting Power of Attorney (LPA)?
There are two types of LPA, one which deals with finances and one which deals with health and welfare issues.  Both can be created online or the forms are available to download and complete.  Once completed they should then be registered with the Office of the Public Guardian (OPG) and the fee for this is £82 for each one.

How do I decide who to appoint as my attorney(s)?
The most important consideration is to appoint people that you trust. They can be friends or relatives but ideally they should be individuals who know you well and live close enough to be able to offer practical assistance when needed.  It is always useful to have more than one attorney as that allows checks and balances to be in place and provides comfort that to you and other members of the family.  You can decide if your attorneys have to act jointly on all things or if they can also act individually (severally).

If I make an LPA can it be used immediately?
For an LPA to be used by your attorneys it will need to be registered with the OPG.  This currently takes about 20 weeks from when it is submitted.  It is also possible to state that the LPA should not be used unless/until you lose full mental capacity.  Whilst this may be comforting to you it can also make the appointment of attorneys less flexible.  There can still be times, prior to you losing mental capacity, when it would be useful for your attorneys to complete tasks on your behalf.  For example if you were to lose some physical capability.

Can I still sign an LPA even if I am diagnosed with dementia?
The very short answer to this is ‘yes’ provided that you understand the nature of the document you are preparing and signing.  Appointing attorneys to act on your behalf has to be something that you choose to do and not something which you are forced to do or do not understand.

What happens if I leave it too late that and I no longer understand what is required?
If this should happen it would then be for a member of your family, partner or close friend to apply to be appointed as deputy  by the Court of Protection.  This is a separate process but is very similar to appointing an attorney.  There can be a deputy for finances and for personal welfare.