How can you use a Power of Attorney to manage the impact of dementia?

Dementia is devastating for families. Their loved one loses the ability to think, remember or make decisions for themselves. Dementia is not one specific disease but a generic term covering a variety of different cognitive conditions, most common of which is Alzheimer’s disease.

There have been countless stories of the pain and grief families experience when a loved one has dementia, not least during lockdown when physical contact was outlawed. This whole situation can cause frustration and worry when barriers appear preventing you from helping you manage your loved one’s affairs. That is why it is important to use a Power of Attorney to manage the impact of dementia.

How can a Power of Attorney help manage the impact of dementia?

When someone grants a Power of Attorney, they authorise someone they trust to make decisions for them, usually when they are no longer able to make those decisions themselves. Since the enactment of the Adults with Incapacity (Scotland) Act 2000, certain types of Power of Attorney can survive the granter’s incapacity.

Continuing and Welfare Powers of Attorney

The Adults with Incapacity (Scotland) Act 2000 created two new types of Power of Attorney. The first, a Continuing Power of Attorney, allows the attorney to continue dealing with the granter’s financial affairs even though the granter has become incapacitated. The second, a Welfare Power of Attorney, allows the attorney to continue dealing with the welfare affairs of the granter even if they have become incapacitated.

Frequently, the powers contained in each of these Powers of Attorney is combined into a single Continuing and Welfare Power of Attorney. This allows the attorney to deal with the financial and welfare affairs of the incapacitated adult.

The importance of granting a Power of Attorney early

There is no set age by which you should draw up a Power of Attorney. In fact, Martin Lewis believes a Power of Attorney is more important than a Will. The common perception is that you do not need to grant a Power of Attorney until you are elderly. Nothing could be further from the truth. The earlier you grant a Power of Attorney, the better. After all, you might not suffer from dementia at all or until you reach old age. None of us knows if we will have an accident or contract an illness at a young age that will prevent us from looking after our own affairs. So, the earlier you grant a Power of Attorney, the sooner you will rest easy knowing your affairs will be looked after by someone you trust.

Experienced Power of Attorney solicitors in North Berwick and Dunbar, East Lothian

Our solicitors have years of experience advising clients on all aspects of Powers of Attorney in North Berwick, Dunbar and across the Lothians and Scotland.

Contact us to discuss a Power of Attorney and how it can help protect you. Give yourself and your loved ones peace of mind knowing that you have taken positive steps to put your affairs in order.