A five step guide: what to do if you have received a diagnosis of dementia

Receiving a diagnosis of Dementia

Receiving a diagnosis of dementia can be an incredibly scary time leading to feelings of uncertainty about what the future may hold.

NHS Dementia Guide

The NHS has a dementia guide outlining some helpful tips regarding the steps a person may wish to take if they have received a diagnosis of dementia. This guide can be found online at www.nhs.uk/conditions/dementia/diagnosis-plan/.

Alzheimer’s Society

The Alzheimer’s Society created a dementia friends initiative to help people learn about dementia so they can help their local community. As a dementia friend, our Managing Director and Solicitor Paul Clark is helping to raise awareness of how to access the support available to people living with dementia.

In this article, we outline some of the legal and practical steps that may help a person who has received a diagnosis of dementia.

Five Step Guide

1. Speak to your doctor, community groups and charities for support

Different types of dementia develop in different ways and a doctor and / or specialist will be able to discuss any worries or concerns you may have about your future. There is a lot of support in the local community from groups such as Dementia Friendly (Congleton and Sandbach) who strive to make local towns a dementia friendly place to live with the aim of helping people living with dementia to feel safe and a part of their community. The Alzheimer’s Society and Dementia UK also have support lines to help people living with dementia.

2. Review and / or make a Will

Being diagnosed with dementia doesn’t necessarily mean that you cannot make a Will or make changes to your current Will and this should be explored as soon as possible following a diagnosis. Provided you meet the legal test for mental capacity you can make or change a Will.

If you have a Will in place, it is important to review it to make sure it still meets your wishes. If you haven’t made a Will before, now is the time to consider doing so. Without a Will in place, the intestacy rules set out who inherits from you after you die and this may not be what you want.

When making a Will, it is important to consider who to appoint to act as your executor(s) as they will be responsible for carrying out your wishes after you die. It is also important to decide which people will inherit from you (also known as beneficiaries). It is possible to protect inheritance for your beneficiaries by using trusts in a Will and this may be important depending on their own financial and / or personal circumstances.

Our Solicitors are experienced in assessing a person’s capacity to make a Will (or amend an existing Will) in these types of situations and they can ensure that all the necessary questions have been asked and the necessary steps have been taken to ensure a person’s wishes take effect.

3. Review and / or make Lasting Powers of Attorney

Lasting Powers of Attorney are just as important as Wills and again it is important to make Lasting Powers of Attorney as soon as possible following a diagnosis of dementia.

By making Lasting Powers of Attorney, you are giving the legal authority to one or more people (called attorneys) to make decisions on your behalf should you be unable to make decisions for yourself. The types of decisions that an attorney can make on your behalf relate to your property, financial matters and / or your health and welfare.

When making a Lasting Power of Attorney, you can include specific instructions and / or preferences to let your attorneys know what you would like to happen in certain situations. For example, you may wish to make it clear about the type of care you receive, where you would like to live, if you would like your attorney to be paid if they provide you with care and decisions regarding life sustaining treatment and / or end of life care.

It is important to seek professional advice when including instructions and preferences in your Lasting Powers of Attorney to ensure that they are workable.

A Lasting Power of Attorney must be signed by a Certificate Provider whose role is to confirm that a person has the required mental capacity to understand the implications of making a Lasting Power of Attorney. Our Solicitors are experienced in acting as Certificate Providers.

4. Review your financial plan

You may wish to speak to a financial advisor to ensure your finances are in order and to plan the various activities that you would like to do. You may also wish to plan financially for your future care needs whilst ensuring that your spouse, civil partner, partner or other family members are looked after.

5. Make the most of life

Whilst adjusting to life following a diagnosis of dementia can feel challenging, with the support of family, friends, medical professionals, local support groups and charities, you can continue to lead a fulfilling life doing the things that you enjoy. It is important to know that help and support is available and being in touch with other people with dementia can help you feel less alone.

How we can help

Our Solicitors Paul Clark and Sarah Bushell are experienced in sensitively helping people to navigate the legal process during what can feel like a worrying and unsettling time.

Make an appointment

For a free, confidential conversation or to book an initial appointment, please call us on 01260 769 639 or email info@spallclark.co.uk. We can offer appointments at our office (Oak House, 3 Swan Bank, Congleton, CW12 1RY), in your own home, via telephone or online (e.g. via Teams).

 

This article does not constitute legal or medical advice and the advice should be sought from the appropriate professionals before taking any action.