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