Can someone who has been diagnosed with dementia still make a Lasting Power of Attorney ?
The simple answer to this is YES as long as that person still has the requisite mental capacity to MAKE the decision to MAKE the Lasting Power of Attorney.
The test for mental capacity is set out in the Mental Capacity Act 2005, as set out below
Assessing ability to make a decision
- Does the person have a general understanding of what decision they need
to make and why they need to make it?
- Does the person have a general understanding of the likely consequences
of making, or not making, this decision?
- Is the person able to understand, retain, use and weigh up the information
relevant to this decision?
- Can the person communicate their decision (by talking, using sign language
or any other means)? Would the services of a professional (such as a
speech and language therapist) be helpful?
Dementia is so often misunderstood. It is a progressive disease, which means that at the point of diagnosis, the person is likely to still have capacity, but he/she will eventually lose capacity at some point in the future. The most important thing to remember is that if you, or a loved one, have been diagnosed, you should act quickly in making Lasting Powers of Attorney, assuming capacity is still there. If you are unsure, it is often worth speaking initially to a Solicitor and/or your G.P.
Please do not hesitate to telephone our expert Solicitor for a free initial chat.
Tel: Andrew Gullett 01924 332395