Exploring the Importance of Early Planning and Mental Capacity
When a loved one is diagnosed with dementia, families are often thrust into a whirlwind of emotional, medical, and legal decisions. Among the most critical—but often overlooked—steps is arranging a Lasting Power of Attorney (LPA). This legal document allows someone to appoint trusted individuals to make decisions on their behalf, should they lose the capacity to do so themselves. But when is the right time to put an LPA in place?
The Importance of Acting Early
The short answer to the question “When is the right time to arrange Lasting Powers of Attorney for someone with dementia?” is: before the illness progresses. Dementia is a degenerative condition, and while symptoms may start subtly, mental capacity can deteriorate unpredictably. An LPA can only be created while the individual still has the mental capacity to understand and consent to the arrangement. Waiting too long can result in significant complications.
Mental Capacity: A Legal and Practical Barrier
Once someone begins to lose capacity, arranging an LPA becomes far more complex. In many cases, a capacity assessment by a qualified professional is required to confirm whether the individual can still make informed decisions. This not only delays the process but also adds additional costs to legal fees—something families may not anticipate.
If the person is deemed to lack capacity, the option to create an LPA is no longer available. Instead, families must apply to the Court of Protection for a deputyship order, which is a longer, more expensive, and more restrictive process.
Do you need a Power of Attorney if you are married?
It is essential to understand that no one has the power to make decisions on your behalf if you have not set up an LPA. Your spouse or civil partner cannot automatically deal with bank accounts or pensions or even make decisions about your care when you lose capacity. As a result, even if you are married or in a civil partnership, setting up an LPA is essential.
The Real-World Impact on Families
Without an LPA in place, families often face serious challenges when trying to arrange care or manage finances. For example:
- Accessing bank accounts to pay for care may be impossible without legal authority.
- Making decisions about medical treatment or living arrangements can be delayed or blocked.
- Stress and conflict among family members can increase when there’s no clear legal decision-maker.
These issues can be especially distressing during a time when families are already coping with the emotional toll of a dementia diagnosis.
Planning Ahead: A Gift to Your Future Self and Loved Ones
Creating an LPA early is not just a legal formality—it’s a proactive step that protects the individual’s wishes and eases the burden on their family. It ensures that trusted people can step in smoothly when needed, without legal hurdles or financial strain.
Whether you're supporting a loved one recently diagnosed with dementia or thinking about your own future, the message is clear: don’t wait. The best time to arrange an LPA is before capacity is in question, not after.
Trust Banner Jones
Facing a dementia diagnosis is difficult, and planning for the future can feel overwhelming. But taking action today can provide peace of mind for tomorrow.
At Banner Jones Solicitors, we understand the importance of preparing for all of life's eventualities.
Our compassionate and experienced team are here to guide you through the process of arranging a Lasting Power of Attorney.
We serve clients and provide Lasting Power of Attorney services in Sheffield, Chesterfield, Dronfield and Mansfield, offering expert advice and support every step of the way.
Get in touch with our team today to schedule a consultation and take the first step toward securing your future.