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Concern about imminent deterioration in mental capacity2018-09-12T14:46:01+01:00

Project Description

Case Study

Concern about imminent deterioration in mental capacity

When someone is in the early stages of dementia, this may be the first time they recognise the need for assistance to enable them to make future decisions about their property, finances, health and care.

At Roche Legal, we are experts in dealing with elderly and vulnerable clients and all members of staff are Dementia Friends.

Action taken

Preparation and registration of LPAs whilst mental capacity still intact.

Result

Peace of mind for client, knowing their chosen Attorneys will look after their affairs in future

How this helped

Rachel Roche and Melanie Pickering are Dementia Friends Champions, which means they can help train other people in becoming dementia friendly.

This expertise and insight into the effects of dementia allows us to fully understand the concerns that both those suffering from the problem and those close to them are feeling and how Lasting Powers of Attorney (LPAs) can provide much needed confidence that the affairs of the sufferer will be dealt with correctly, no matter what happens in the future.

A diagnosis of dementia is not an automatic bar to being able to put these measures in place and we have recently assisted a client (C) who, following a new diagnosis of dementia, decided to put measures in place to ensure that his affairs were dealt with by his chosen relatives.

We met with C and his son (S), whom C wished to be present, and discussed C’s situation and wishes. Having considered C’s overall behaviour, level of understanding and the information he was able to provide, we established that he fully understood the nature and effect of what the documents did and , therefore, he currently had the capacity to make LPAs.

The LPAs were duly prepared and signed by C at a further meeting, where we again assured ourselves that he still had capacity. C’s LPAs are currently in the process of being registered at the Office of the Public Guardian and assuming no objections are raised, C can therefore rest easy in the knowledge that if his dementia does cause his mental acuity to deteriorate, his affairs will be dealt with by S as per his wishes.

In cases such as this, time can be of the essence and where required we can have LPAs ready for signature within 24 hours of receiving the instructions. In a situation where we believe there is doubt as to the client’s capacity to make the LPAs, we will obtain a medical view on this point before commencing with any signatures. At Roche Legal we are always available to offer advice or the information you need about LPAs in the early stages of dementia.

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