Power of Attorney for people with dementia

There may be a time in the future when a person with dementia has symptoms which mean they are no longer able to give consent. Instead, a trusted relative can be given the power to make decisions about the person with dementia, if they are unable to do so. This is known as power of attorney.

There are three different types of power of attorney:

-Lasting power of attorney (LPA) for matters relating to property and financial affairs / matters relating to the person’s welfare (including their health)

-Enduring power of attorney (EPA) which were made before 1st October 2007 and are still valid, but can only be registered if the person is losing, or has lost, their mental capacity, and must be registered by the attorney

-The LPA has to be made in a fixed legal way and is not legally recognised until it is registered with the Office of the Public Guardian

The person making a power of attorney for property and legal affairs can register the LPA while they are able to make decisions for themselves.

A personal welfare LPA can only be used when the person who has made the power (“the donor”) has lost capacity. It is advisable to register both documents immediately to ensure that both powers are available for use if and when they are required. Separate powers of attorney can be made for either LPA, or both LPAs can be appointed to the same attorney.

Our Private Client team at Owen Kenny are specialists in elderly client matters; our Managing Director, Emily Allchurch, and Head of our Private Client team, says “We pride ourselves on our strong client care ethos providing legal advice in a friendly and professional manner”. Call us on 01243 532777 or email info@owenkenny.co.uk with your enquiry.