Dementia and Alzheimer’s, How Can I Prepare?

20 Sep Dementia and Alzheimer’s, How Can I Prepare?

World Alzheimer’s Day is an opportunity to raise awareness around, provide education about, and encourage support of, all forms of dementia and to help those living with the condition access the best possible support, both medical and lifestyle, to be able to continue enjoying their life even with the additional challenges the condition brings.

Globally, dementia is one of the biggest challenges we face, with nearly 50 million people living with dementia worldwide. The Alzheimer’s Society’s research shows in the UK 1 in 3 people will develop dementia during their lifetime. In 2024, the theme is “Time to Act on Dementia”.

Understanding Alzheimer’s and Dementia

Alzheimer’s disease is the most common cause of dementia, accounting for about 60-70% of cases. Dementia is an umbrella term used to describe a range of progressive neurological disorders that affect memory, thinking, behaviour, and the ability to perform everyday activities. In the UK, an estimated 944,000 people are currently living with dementia, and by 2025 it is estimated this figure will rise to over 1 million.
What can you do about your legal affairs if you or your loved one has received a diagnosis of Alzheimer’s?

There are numerous things to think about if you or your loved one receives a new diagnosis of, or is already living with, dementia. Some careful thought as early as possible will mean the difference between you being in charge of your decisions and making sure you have left your affairs as clean and simple for your loved ones as you possibly can. Some things you may wish to think about are:

1. Creating or Updating Your Will

Why It’s Important: A Will ensures your assets are distributed according to your wishes after your death. Without a Will, the law decides who inherits your estate, which may not reflect your preferences.

What to Do:

• If you don’t already have a Will, consider drafting one as soon as possible. If you would like to fill in our Will Questionnaire which gives guidance about things you need to think about before making a Will, contact us and we can send a copy to you free of charge for you to complete. Please email us to request your copy.
• If you have a Will in place review it to ensure it still reflects your current wishes and update it if necessary. We are happy to discuss reviewing your Will with you to make sure it is up to date and does what you need it to.

2. Setting Up Lasting Powers of Attorney (LPA)

Why It’s Important: LPAs allow you to appoint attorneys to make decisions on your behalf if you become unable to do so. There are two types of LPAs:

• Property and Financial Affairs LPA: Covers decisions about your finances and property.
• Health and Welfare LPA: Covers decisions about your medical treatment, care, and living arrangements.

What to Do:

• Choose your attorneys carefully, ensuring they understand your wishes and are willing to act in your best interests. Think about how they will act for you and when they will be able to act.

You can prepare Powers online yourself using the Office of the Public Guardian’s website. If you would like to talk to us about getting your LPA right, and ensuring it is valid and registered correctly, then contact us for a further discussion. The creation process for an LPA is somewhat complicated, and registration can take up to 20 weeks to be completed. If there are errors this will, inevitably, mean further delay.

We can help you ensure you get it right, first time.

3. Consider creating an Advance Decision (Living Will)

Why It’s Important: An advance decision (also known as a living will) allows you to refuse certain types of medical treatment in the future when you might lack the capacity to make or communicate decisions.

What to Do:

• Consider what treatments you would or wouldn’t want if you were to become seriously ill or incapacitated.
• Put these wishes in writing. Ensure it’s clear, specific, and signed by you and a witness.
• Share a copy with your GP, attorney under the Health and Welfare LPA, and close family members.

4. Consider creating an Advance Statement

Why It’s Important: An advance statement allows you to express your preferences, wishes, beliefs, and values regarding your future care. These are not legally binding, but they can be especially useful, providing guidance to your caregivers and medical professionals.

What to Do:

• Write down your preferences, such as where you’d like to live, dietary requirements, religious or cultural beliefs, and your thoughts on specific treatments.
• Share this document with your healthcare providers, attorneys, and family.

5. Organize Your Financial Affairs

Why It’s Important: Ensuring your finances are in order helps prevent future complications and eases the burden on your loved ones.

What to Do:

• Make a list of all your assets, liabilities, bank accounts, pensions, investments, and insurance policies.
• Set up direct debits for regular payments to avoid missed bills.
• Consider setting up a joint bank account with a trusted person to manage day-to-day expenses if you lose capacity.
• Review any outstanding debts or loans and consider repayment plans.
• Talk to your accountant or financial advisor for professional advice about your finances.

6. Review Your Insurance Policies

Why It’s Important: Insurance can provide financial support for your care or cover legal and medical expenses.

What to Do:

• Review your life insurance, health insurance, and long-term care insurance policies.
• Make sure your beneficiaries are up to date.
• Check if your health insurance covers dementia care or if you need additional coverage

7. Think about your Funeral Planning

Why It’s Important: Planning your funeral in advance can ease the burden on your family and ensure your wishes are followed.

What to Do:

• Document your preferences for your funeral, such as burial or cremation, the type of service, and any specific requests. You may wish to add this into your Will.
• Consider setting up a pre-paid funeral plan to cover the costs, but please be careful with any types of pre-paid probate & funeral plans combined. There have been several cases of unregulated, improper sales tactics for these types of plans. Be careful and do your research.
• Share your plans with your family so they know what you want.

8. Communicate with Your Loved Ones

Why It’s Important: Clear communication with your family and appointed attorneys ensures everyone understands your wishes. It is not an easy conversation to have, no-one wants to think about these decisions, but a conversation now could make all the difference later. It could limit any problems in the future too, when possible difficult decisions need to be made, and there is a difference of opinion. Your voice and choice can be heard and recorded now.

What to Do:

• Hold a family meeting to discuss your plans and decisions.
• Ensure your attorneys and family know where to find your legal documents.

Taking these steps to get your legal affairs in order after an Alzheimer’s diagnosis can provide a sense of control and peace of mind. By preparing early, you ensure that your wishes are respected, and your loved ones are supported in making decisions on your behalf.
It is much better to consult with a professional Firm who specialise in Wills and Probate to make sure everything is legally binding and to ensure you have considered all possible outcomes.

Rollasons’ private client team is made up of professionally qualified staff, who are specifically trained to deal with this type of work. We are all Dementia Friends. We also hold separate Mental Health qualifications and are part of the Association of Lifetime Lawyers and trained to be able to consider not only the legal aspects but also the soft skills which are needed to be able to talk about and deal with this type of work. Between us we have in excess of 40 years’ experience, and we know how to help.

You can contact us via our website, via our social media channels, via the telephone or by email if you would prefer. Talking to us early will save time and expense overall. Contact us now to see how we can help you and your family.