Planning for the future

Caring for a family member often begins at a low level and care needs tend to increase as time goes by. It’s often easier for people not to think about the future.

It can be difficult to find the time to plan ahead while caring, but it’s important to get a Power of Attorney in place while you are still able to make your own decisions.

What is a Power of Attorney?

This is a legal document that allows someone to make decisions for you, or act on your behalf if you are no longer able to do so, or if you no longer want to make your own decisions.

You may eventually need help if you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future. Ordinary Power of Attorney covers decisions about financial affairs and is valid while you have mental capacity. Lasting Power of Attorney (LPA) covers decisions about your financial affairs, health and care.

What if I don’t have one?

An LPA is a way of giving someone you trust the legal authority to make decisions on your behalf. An LPA for health and care decisions can only be used when you have lost mental capacity and it covers decisions about where you should live, your medical care, and even lifesaving treatment. Many people make the mistake of thinking that if they are married or in a civil partnership, their spouse would be able to deal with their affairs. They won’t be able to do so unless there is an LPA in place.

If you lose capacity to make your own decisions and you don’t have a valid LPA, you will need to apply to the Court of Protection, which can appoint a deputy to make decisions for you. A deputy has the same role as an attorney but you can’t choose your own deputy – that decision is made by the Court of Protection. It’s much better to get everything in place while you have the mental capacity to do so.

How do I set one up?

You don’t have to use a solicitor to set up an LPA but it is best to take advice about such an important matter. The key piece of information is to act early. It may be a conversation you’ve been putting off as a family but it’s much better to act while you are fully aware of the repercussions. By getting an LPA in place, you will know that future decisions about your well-being will be made by someone you trust. You can find out more about LPAs from the Office of the Public Guardian. Forms are available by calling 0300 456 0300 or visit www.gov.uk

■ Age UK has detailed information about Power of Attorney – call the Age UK helpline on 0800 055 6112 or visit www.ageuk.org.uk

■ Key Retirement, in association with Yours, offers a Wills & LPAs service – call 0800 915 4714 for your free guide or visit yours.co.uk/retirement-services