Finding out that a loved one, whether a family member or close friend, has dementia can be deeply challenging. It is hard to see someone you care about become unwell. It also brings up important questions about planning for the future and preparing for any challenges that may come.
Although it can feel overwhelming, planning ahead with a Lasting Power of Attorney (LPA) is one of the most important steps you can take. It helps protect your loved one’s interests and ensure their wishes are respected.
At Clapham and Collinge, we are solicitors in Norfolk with recognised experience in supporting older and vulnerable clients. We often help families through these situations, and in this blog we look at why planning ahead with an LPA is important for anyone affected by dementia.
Why early planning matters in Dementia cases
Dementia affects mental capacity over time. Even if your loved one can make decisions now, there will come a point when they may need more support.
Planning early helps make sure their wishes are followed while they can still make choices about their care and finances.
Early planning also takes pressure off families. It helps everyone follow their loved one’s wishes and avoids confusion or disputes later.
Good legal guidance makes sure everything is set up correctly and gives confidence that their affairs are safe.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document. It lets a person choose someone (or multiple people) they trust to make decisions for them if they lose mental capacity in the future. There are two main types:
- Health and Welfare LPA lets a chosen person make decisions about medical treatment, care and daily living. It can only be used once the person has lost the mental capacity to make these decisions themselves.
- Property and Financial Affairs LPA lets a chosen person manage money, property and assets. It can be used with the person’s permission while they still have capacity or after they lose it.
LPAs are particularly important for individuals at risk of dementia because the condition is progressive. Without an LPA in place, family members or next of kin have no automatic legal right to manage affairs or make decisions regarding care.
If this planning is delayed until after the person has lost capacity, the process can take longer. It may also be more complicated and cost more.
For an LPA to be valid, it must be registered with the Office of the Public Guardian. Working with a solicitor ensures the document is correctly drafted, witnessed, and filed, so it can be relied upon when it is needed most.
How a Solicitor can help
Solicitors play a crucial role in guiding families through the LPA process and dementia planning. Our team has extensive experience in elder law, LPAs, and supporting families during sensitive times.
A solicitor can advise on which type of LPA is most appropriate for your situation, ensure that documents are legally valid and correctly witnessed, and handle registration with the Office of the Public Guardian.
Choosing a solicitor accredited by Lifetime Lawyers provides additional reassurance, as this recognition demonstrates specialist expertise in elder law and LPAs.
We understand that these decisions are often emotionally difficult, and our compassionate approach helps families feel confident that they are acting in the best interests of their loved ones.
Practical steps for planning ahead
Starting the planning process can feel daunting, but taking early steps makes a significant difference.
Ideally, discussions about LPAs should begin while the person still has full capacity, allowing them to make informed choices about who they wish to appoint and what decisions they are comfortable delegating.
It is essential to choose attorneys carefully, ensuring they are trustworthy, capable, and understand the responsibilities involved. Seeking professional legal advice is also highly recommended to make sure all documentation is correct, registered properly, and safely stored.
Clear communication with family members can help prevent misunderstandings or disputes in the future. We provide step-by-step guidance tailored to each family. We will support you throughout the process, answering questions and providing reassurance at every stage.
Plan ahead with Clapham & Collinge
If you or a loved one are considering a Lasting Power of Attorney, our accredited Lifetime Lawyers are here to provide expert advice and compassionate guidance.
Early planning with an LPA ensures that your loved one’s wishes are respected, their future is protected, and your family can have peace of mind.
Contact Clapham & Collinge today for advice on how to safeguard your future and protect your family. Our offices in Norwich, Sheringham, and North Walsham are here to provide confidential consultations and practical advice for your unique situation.
Simply call us or fill out our online form today to get in touch with your local practice.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230