DementiaRoadmap

Helping primary care to support people with dementia
Dying well → Financial and legal planning

Financial and legal planning

If a person has dementia, it is important that they organise their financial and legal affairs while they are still able to do so. This ensures that in the future, their affairs will be set up in a way that they have chosen. Things to think about include: details of your bank accounts, tax, benefits and pension, as well as mortgage or rent documents, insurance policies and your will.

Lasting Power of Attorney has replaced Enduring Power of attorney in England and Wales. However, the latter can still be used if they were made and signed before October 2007.

Lasting Power of Attorney is a legal arrangement that lets an individual appoint a person/s to make decisions on their behalf.

There are 2 types:

  • Health and Welfare: This can only be used when the individual is unable to make decisions

  • Property and Finances: This be can be effective as soon as registered

To make a Lasting Power of Attorney an individual must be over 18 and have mental capacity. For individuals unable to make decisions a Court Appointed Deputy can be arranged.

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Resources

  • Mental Health Act 1983: Code of PracticeThe revised code of practice shows professionals how to carry out their roles and responsibilities under the Mental Health Act 1983, to ensure that all patients receive high quality and safe care.
  • Mental Capacity Act Code of PracticeThis guidance published by the Office of the Public Guardian explains to people working with or caring for adults who lack capacity to make decisions for themselves the legal responsibilities that must be considered under the Mental Capacity Act 2005.
  • The Care Bill: factsheetsThese factsheets will help practitioners to better support patients and carers to get the care and support they need, following the changes introduced by the Care Bill, published in 2013.
  • Making decisions: who decides when you can’t?This guidance published by the Office of the Public Guardian explains how the Mental Capacity Act 2005 affects anyone who is unable to make some or all decisions for themselves. It provides advice to help people to plan ahead in case they are unable to make and understand decisions in the future.
  • Making decisions: a guide for people who work in health and social careThis guidance published by the Office of the Public Guardian explains to health and social care workers how the Mental Capacity Act 2005 affects anyone who is unable to make some or all decisions for themselves.

Groups

  • Dementia UKDementia UK provides specialist dementia support for families through our Admiral Nurse service. When things get challenging or difficult for people with dementia and their families, Admiral Nurses work alongside them. They give the compassionate one-to-one support, guidance and practical solutions people need, and that can be hard to find elsewhere.7th Floor, One Aldgate, London, EC3N 1RE020 8036 5400https://www.dementiauk.org
  • Carers UKCarers UK is a national membership charity for carers, that is both a support network and a movement for change.20 Great Dover Street, London, SE1 4LX0808 808 7777http://www.carersuk.org/
  • Alzheimer’s SocietyAlzheimer's Society is a membership organisation, which works to improve the quality of life of people affected by dementia in England, Wales and Northern Ireland.Devon House, 58 St Katharine's Way, London, E1W 1LB020 7423 3500http://www.alzheimers.org.uk/