What is the most important legal document to set up after a dementia diagnosis?

The most important legal documents to consider are Lasting Powers of Attorney (LPAs) for both Property and Financial Affairs and Health and Welfare. These must be set up while the person still has the mental capacity to understand and sign them. They allow you to appoint trusted individuals to make decisions on their behalf if they lose capacity in the future.

What happens if my loved one loses capacity before an LPA is in place?

If an LPA isn't in place and your loved one loses mental capacity, you would need to apply to the Court of Protection to become a Deputy. This process is generally more complex, time-consuming, and expensive than setting up an LPA and involves ongoing supervision by the Court.

Can someone with dementia still make a Will?

A person with dementia can only make or change a Will if they still have the mental capacity to understand the nature and effect of making a Will. This is a higher threshold than for some other decisions. If there's any doubt, a medical professional might need to assess their capacity specifically for making a Will at that time. It's crucial to seek specialist legal advice from a solicitor in such circumstances.

Who assesses mental capacity for legal decisions?

Mental capacity assessments are typically carried out by medical professionals (like doctors) or other trained professionals (such as social workers or psychologists). For an LPA, a 'certificate provider' confirms the donor's capacity. For Deputyship, medical evidence of incapacity is required by the Court of Protection. The assessment is always specific to the decision in question.

Where can I get help with filling out LPA forms?

You can complete LPA forms yourself using guidance from the Office of the Public Guardian (OPG). However, many families choose to use a solicitor specialising in elder law or private client work. A solicitor can ensure the forms are correctly completed, provide advice on appointing attorneys, and ensure all legal requirements are met, giving you peace of mind.

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