Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

Call Us Free   Phone  0800 988 3674  
or Mobile  Mobile 0333 200 4465  
  • Home
  • About Us
    • Liverpool Office
    • Wrexham Office
    • Matthews Lewis Hoole Solicitors
    • Our Commitment to Wales
    • Our Costs
    • Careers
  • Our Services
    • Personal Injury
      • Free Personal Injury Enquiry
      • Accidents At Work?
      • Accidents In A Public Place?
      • Children’s Accident Claims
      • Construction Site Injury Claims
      • Cyclist Injury Claims
      • Defective Product Injury Claims
      • Head Injury Compensation Claims
      • Industrial Disease Claims
      • Hospital Negligence Claims
      • Medical Negligence Claims
        • Dental Negligence Claims
      • Motorbike & Cycling Accidents
      • Office Accident Claims
      • Road Accidents
      • Slips, Trips & Falls
      • Successful Claims
      • Supermarket Accidents
      • Warehouse Accident Claims
      • Other Accident Claims
        • Animal Attack Personal Injury Claims
        • Holiday Accident & Injury Claims
        • Military Injury
        • Cosmetic Surgery Compensation
        • Slips, Trips and Falls at Hotels
        • Sports Personal Injury Claims
        • Horse Riding Accidents
        • Water Park Accidents & Illnesses
        • Theme Park Accidents
        • Water Sports Accidents
        • Festival & Fairground Accidents
        • Campsite and Caravan Park Accidents
    • Housing Disrepair Claims
      • What Is Housing Disrepair?
      • FAQs About Housing Disrepair Claims
      • Suing a Housing Association for Disrepair
      • When Should You Claim Against Your Landlord For Unfit Housing?
      • Housing Disrepair Compensation Calculator
      • How Much Compensation Can You Claim For Housing Disrepair?
      • Do I need to give my landlord notice of a housing disrepair claim?
      • Compensation for Injuries to Children Caused by Housing Disrepair
    • Wills & Probate
      • Wills
        • FAQs About Wills
        • Deed of Variation Solicitors
        • Suing a Dead Person’s Estate
        • Will Disputes & Inheritance Claims
        • Dependancy Claims
      • Probate
        • What to do when a loved one dies – A legal guide
      • Prices For our Wills & Probate Services
      • Power of Attorney
      • Court of Protection
      • Estate Administration
        • Trusts
        • Life Interest Trusts
        • Tax Planning
        • Planning For Long Term Care
    • Residential Conveyancing
      • Buy-to-Let Conveyancing
      • Chester Conveyancing
      • Liverpool Conveyancing
      • The Conveyancing Process
        • Conveyancing Quote
        • How To Avoid Being Gazumped
      • New Homes
      • Buying Your Home From the Council or Housing Association
      • First-Time Buyers
    • Commercial Conveyancing
      • Landlord and Tenant
      • Business Leases
      • Buy To Let
      • Stamp Duty on Commercial Property Leases
      • Negotiating Commercial Lease Terms
    • Agricultural Law
      • Farming Tenancies legal advice
      • Contract Farming/Share Farming Agreements
      • Capital Gains Tax
      • Planning Succession to Farms
      • Conversion of redundant buildings & barns & tax consequences
      • Environmental Law Issues
      • Development Options for Farm Land
    • Hair, Beauty & Laser Claims
      • Hairdresser Injury Compensation
        • Cuts & Bleeding at Hair Salons
        • Hair Dye Allergic Reactions
        • Hair Straightening Injuries
        • Hair Extensions Injuries
        • Hair Perming Injuries
        • Hair Infections & Diseases
      • Eyebrow Wax Burns
        • Eyebrow Tinting Injuries
        • Eyebrow Threading Injuries
      • Eyelash Tinting Injuries
        • Eyelash Extension Injuries
        • Eyelash Perming Injuries
      • Laser Treatment Injury Compensation
        • Laser Hair Removal Injuries
        • Laser Skin Resurfacing Injuries
        • Laser Tattoo Removal Injuries
        • Laser Vein Removal Injuries
      • Other Beauty Claims
        • Acupuncture Gone Wrong?
        • Body Piercing Injuries
        • Chemical Skin Peel Injuries
        • Cellulite Treatment Injuries
        • Injuries at Health Spas
        • Microblading Injuries
        • Microdermabrasion Injuries
        • Nail Injuries
        • PDT Treatment Injuries
        • Pedicure Infections
        • Semi-Permanent Make-Up Injuries
        • Syringoma Electrolysis Injuries
        • Sunbed Tanning Injuries
        • Tattoo Injuries
        • Waxing Treatment Injuries
  • Reviews
  • Meet Our Team
  • News
  • Contact

Can You Get Power Of Attorney For Someone With Dementia?

If a friend or relative has recently been diagnosed with dementia, you may be worrying if it’s too late to set up a Lasting Power of Attorney (LPA) for them – and the answer is, it depends on their mental capacity.

A diagnosis of dementia does not in itself equate to a loss of mental capacity, necessarily, as it depends on how far progressed the condition is. In the eyes of the law, mental capacity is the ability to make informed decisions, to understand information relating to each decision and to use this as the basis before communicating the decision.

Everyone has the right to make their own decisions in life when they can, and in the early stages of dementia there may still be sufficient mental capacity required in order to set up an LPA.

How To Get An LPA For Someone With Dementia?

If your friend or relative is in the early stages of dementia and has not lost mental capacity, they can set up an LPA still.

With the guidance and help of a solicitor, your loved one will be able to create a Lasting Power of Attorney, as the solicitor will verify the individual understands the decision they are making.

There are 2 types of LPAs, one relating to property and finance, the other to health and welfare. The individual can choose people for each decision type or to assist with both types. The property and finance LPA can be used at any time by the person who made it, even if they still have mental capacity, whereas the health and welfare one can only be used once the person no longer has mental capacity.

Once completed, the LPA needs to be registered with the Court of Protection or it won’t be valid. Registration can take place now or when there is no longer mental capacity. If your friend or loved one loses mental capacity during the registration process, the LPA will remain valid once registered.

What Happens If The Dementia Has Progressed?

If your friend or relative has lost mental capacity before setting up an LPA, it is no longer possible to set one up and instead you need to apply to the Court of Protection for a Deputyship Order for a person to be appointed to make decisions on their behalf.

As with LPAs, there are 2 types of Deputyship Orders, one for property and finances, the other for health and welfare.

How To Get A Deputyship Order For Someone With Dementia

The process to be appointed deputy for a friend or relative with dementia, who has lost mental capacity, is a long and complex one that can be costly and emotionally upsetting – this is why we would always recommend an experienced Solicitor to assist with the process.

The completion of several forms is required, including one that needs to be filled by a medical professional involved in your friend or relative’s care that states they have lost mental capacity and can no longer make decisions for themselves. In addition, there are costs including a £400 application fee and potentially a £500 Court hearing fee, plus £100 new deputy fee once accepted and an annual supervision fee that varies according to the value of the estate. In addition to this, an annual insurance bond will be required to be taken out, which seeks to protect the value of the assets involved.

How We Can Help With Lasting Powers Of Attorney

A Lasting Power of Attorney enables individuals to retain control and have their wishes carried out by loved ones even when they no longer have the mental capacity to make decisions themselves.

If a friend or relative has recently been diagnosed with dementia, it’s vital you take swift action as it maybe you can still set up an LPA for them if they still have mental capacity.

However, if your friend or relative has lost mental capacity, we can help you through the complex process of applying for a Deputyship Order – we will work closely with you to make the procedure as stress-free and efficient as possible.

Our experienced Solicitors understand the sensitive nature of LPAs and applying to the Court of Protection for a Deputyship Order, and are able to provide relevant and supportive advice and guidance to assist you at every step, whatever your personal situation.

To speak to one of our specialist solicitors about putting a Lasting Power of Attorney in place for someone with dementia, contact us on 0800 988 3674 or contact our Hoole office on 01244 311 633 or via mobile on 0333 200 4465 email advice@bartletts.co.uk

Make A Free Enquiry

     

    What Clients Say

    Admin staff answered phone promptly and were always friendly and cheerful. My questions and concerns were always addressed promptly and response to was was swift. My conveyancer took great care to explain complex issues and ensure I understood. I felt he always had my best interests at heart.

    Helen September 24, 2021

    Why Choose Us
    • Settled over 12,000 accident claims.
    • Recovered over £68 million in compensation.
    • A true No Win No Fee service.

    Read More>>

    © Bartletts Solicitors Limited 2024 – Offices in England and Wales

    • Careers
    • Contact
    • Unhappy With Our Service?
    • Legal
    • Cookies Policy
    • Privacy Policy
    • Facebook
    • LinkedIn
    • Twitter

    We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
    Cookie SettingsAccept All
    Manage consent

    Privacy Overview

    This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
    Necessary
    Always Enabled
    Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
    CookieDurationDescription
    cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
    cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
    cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
    cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
    cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
    viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
    Functional
    Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
    Performance
    Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
    Analytics
    Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
    Advertisement
    Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
    Others
    Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
    SAVE & ACCEPT