Dementia Action Week, led by the Alzheimer’s Society, aims to raise awareness of the importance of an early diagnosis for people affected by dementia.
Genevieve continues: ‘In our experience, the single most important action is to make Lasting Powers of Attorney. So many people do not yet have them in place, and yet they make a critical difference to the access and ease with which families can help relatives with their affairs if they become unwell.
‘Without a Lasting Power of Attorney for financial affairs, a Court of Protection application would likely be required in order to access a patient’s accounts and pay their bills. This will depend on what type of assets the person has, and what type of bills need to be paid. An alternative route, known as appointeeship, might be appropriate in some cases. Certainly the Court of Protection is a much slower and more expensive option for families than registering a Lasting Power of Attorney.
‘Without a Lasting Power of Attorney for health and welfare (LPA HW), it can be difficult to obtain healthcare information about loved ones. Institutions will refuse to disclose confidential information if they don’t have the consent of either the patient or a health and welfare attorney/deputy (although guidance states they should disclose to financial attorneys, I have certainly come across cases where they have refused).
‘Furthermore, if there is a dispute, it is social services and the NHS which has the final say in any decisions about the patient, and not their relatives, unless they were appointed as attorneys in a valid LPA HW.
‘It can be relatively straightforward to make and register LPAs online these days on the government’s website, but there are strict rules on the dates and quality of the signatures of all of the parties involved. Furthermore, taking proper legal advice from someone experienced, qualified and regulated in this area can avoid more than just technical errors. It can ensure that you have the right guidance and instructions in your document to ensure that it can be used in all situations, that there are safeguards against financial abuse (if appropriate) and that there will be no unpleasant surprises in the years to come. For example, some people have recently been asked to remake their LPAs by banks and financial institutions because they have not included a permission for their attorneys to invest money on their behalf. Legally, this ought to be implied and should not be required, but practically speaking, the operation of some financial LPAs is being hampered because the permission clause is not expressly included.
‘Using a solicitor can ensure that you avoid pitfalls such as this, as well as understand the full range of options around how to structure your Lasting Powers of Attorney and how they will work in practice.’
For more information, please call Genevieve Powrie on 01625 442146 or send a message.
Dementia Action Week, led by the Alzheimer’s Society, aims to raise awareness of the importance of an early diagnosis for people affected by dementia.
Genevieve continues: ‘In our experience, the single most important action is to make Lasting Powers of Attorney. So many people do not yet have them in place, and yet they make a critical difference to the access and ease with which families can help relatives with their affairs if they become unwell.
‘Without a Lasting Power of Attorney for financial affairs, a Court of Protection application would likely be required in order to access a patient’s accounts and pay their bills. This will depend on what type of assets the person has, and what type of bills need to be paid. An alternative route, known as appointeeship, might be appropriate in some cases. Certainly the Court of Protection is a much slower and more expensive option for families than registering a Lasting Power of Attorney.
‘Without a Lasting Power of Attorney for health and welfare (LPA HW), it can be difficult to obtain healthcare information about loved ones. Institutions will refuse to disclose confidential information if they don’t have the consent of either the patient or a health and welfare attorney/deputy (although guidance states they should disclose to financial attorneys, I have certainly come across cases where they have refused).
‘Furthermore, if there is a dispute, it is social services and the NHS which has the final say in any decisions about the patient, and not their relatives, unless they were appointed as attorneys in a valid LPA HW.
‘It can be relatively straightforward to make and register LPAs online these days on the government’s website, but there are strict rules on the dates and quality of the signatures of all of the parties involved. Furthermore, taking proper legal advice from someone experienced, qualified and regulated in this area can avoid more than just technical errors. It can ensure that you have the right guidance and instructions in your document to ensure that it can be used in all situations, that there are safeguards against financial abuse (if appropriate) and that there will be no unpleasant surprises in the years to come. For example, some people have recently been asked to remake their LPAs by banks and financial institutions because they have not included a permission for their attorneys to invest money on their behalf. Legally, this ought to be implied and should not be required, but practically speaking, the operation of some financial LPAs is being hampered because the permission clause is not expressly included.
‘Using a solicitor can ensure that you avoid pitfalls such as this, as well as understand the full range of options around how to structure your Lasting Powers of Attorney and how they will work in practice.’
For more information, please call Genevieve Powrie on 01625 442146 or send a message.