insideKENT Magazine Issue 38 - May 2015 | Page 157
LAW
COPING WITH
DEMENTIA –
THE POSITIVE
APPROACH
There has been regular attention in the
media, not only on television and in
newspapers, but also in films about living
with dementia. It is noticeable that
attitudes have changed and there is more
emphasis on how to live with dementia,
rather than just to exist.
Partner, Anne Lewis
So if you are facing the challenges of a diagnosis of dementia yourself or
as a family member or friend of someone who has been diagnosed, what
is the positive approach?
There are practical things to think about. It is likely that someone with
dementia will find it more difficult to deal with day-to-day finances as time
progresses. A symptom of dementia can be ever increasing piles of
paperwork, which become overwhelming. Encourage a person with dementia
to admit that there is a problem and to ask for help from family and friends,
or from support groups or professionals.
Take steps to simplify finances. Set up standing orders and direct
debits to ensure that bills are paid on time and that there is one less thing
to worry about.
If it's a struggle to remember a PIN number, you may be able to
organise a chip and signature bankcard that allows you to sign for goods
and services and to withdraw cash direct from a cashier.
It is a good idea to review entitlement to state benefits to ensure
receipt of the maximum allowable. This will assist if it becomes necessary
for a local authority to make an assessment regarding contribution to
care fees.
A trusted friend or family member can be given a third party mandate
on a bank account or an account can be set up jointly with the trusted
friend or family member to allow them to deal with day-to-day management
of finances, but this only works for so long as the person with dementia
has enough capacity to supervise them.
There may come a time when help is needed on a regular rather than
an occasional basis – this is when some form of Power of Attorney is useful.
An Enduring Power of Attorney (EPA) set up before 1st October 2007
remains valid, and can continue to be used when someone becomes
mentally incapable of managing their affairs if it is properly registered with
the Office of the Public Guardian.
In the absence of an EPA, it is possible to set up a Lasting Power of
Attorney (LPA). There are two separate versions: one for property and
financial affairs and the other for health and welfare issues. A new and
slightly simplified version of this document comes into effect on 1st July
2015, but if capacity is becoming an issue then it is best not to wait until
the new version is available. Failure to put an LPA in place means that the
only option is then to apply to the Court of Protection for a deputy to be
appointed. This is more time consuming and costly, and it involves ongoing
supervision by the court.
A diagnosis of dementia does not preclude someone from setting up
an LPA, so long as they have enough understanding of the fundamental
issues and the implications of what they are doing. Other steps to take
sooner rather than later are:
• Review property ownership. If you are on the title of a property, which
might have to be sold, take advice about what steps need to be taken
if you no longer have the mental capacity to sign the paperwork when
the time comes
• Review your Will and check that it is still up to date
• Compile a record of useful information, for example about your bank
accounts, investments and internet passwords, and ask a trusted family
member or adviser to hold this information in readiness for when your
attorneys might need it
• Talk to your family and friends and make plans for how you will live
differently to adapt your changing circumstances
Finally, it is appropriate in Dementia Awareness Week (18th-24th May 2015)
to be aware of the help and support that is available. For example, the
Alzheimer’s Society (www.alzheimers.org.uk) provides a useful Guide to
Dementia as well as support both for those with dementia and for those
caring for them. The Society also promotes the Dementia Friends initiative
(www.dementiafriends.org.uk).
As a professional with experience in this area, I found the training to
be a Dementia Friend very thought provoking and worthwhile. So perhaps
the first positive step to take is to become a Dementia Friend.
If you would like further information or help, please contact:
Anne Lewis
Partner – Cripps LLP
Dementia Friend
T: 01892 506 356
E: [email protected]
About Cripps
www.cripps.co.uk
@crippslaw
Cripps is a key regional law firm
serving clients nationally and
internationally from offices in Kent
and London. Recognised countrywide
for both its commercial and private
client work and Legal Team of the
Year (Midsize) in the 2014/15 STEP
Private Client Awards, the firm focuses
on wealthier families, entrepreneurial
businesses and the real estate sector.
This article gives examples and is intended for general guidance only.
157