Here are some important tasks to carry out as soon as possible:
Locate important documents
Ensure you know where your loved one keeps bank statements and insurance documentation. For insurance, make a note of renewal dates. If the person doesn’t object, you could keep their bank statements and insurance documents stored in one file in a safe place or even keep them in your possession so they don’t get lost.
Set up direct debits or standing orders for regular bills
If your loved one pays bills themselves, they may be less likely to remember to do this as their dementia takes hold. Help them set up direct debits or standing orders so that bills are automatically paid to avoid gas or electricity being disconnected.
Obtain third-party authority on the person’s bank accounts
If your loved one has their own bank accounts, you may wish to obtain third-party authority on their accounts so that you can manage their banking. This is a temporary arrangement between you and your loved one. You will usually need to visit the person’s bank with them to arrange this, although some banks will allow it to be done online. You can have a debit card and arrange for new payments on the account, cancel any payments that aren’t needed or view any items in a safe deposit box. You won’t usually be able to open accounts or apply for additional borrowing. It may be worth arranging this while you wait for the person to have Lasting Power of Attorney registered, which can take at least 16 weeks.
Encourage the person to make a Lasting Power of Attorney (LPA)
This should be done as soon as possible while the person still has capacity. You may wonder if it’s needed if you have third-party authority over the person’s bank account. It is necessary, as a third-party authority is limited to the bank you set it up with, and you can usually only carry out everyday transactions. LPA also relates to health as well as finance.
Your loved one can usually make an LPA with a dementia diagnosis, provided they can demonstrate that they understand the purpose of it and what they are signing. There are two types of LPA – Property & Financial and Health & Welfare. Both are important. <Link to LPA article>.
If your loved one doesn’t make an LPA, nobody will legally be able to make decisions on their behalf in future.
Encourage your loved one to make an Advance Decision
Also known as a living will, this is a legal document that outlines the type of treatment they would not wish to have in future when they lack capacity. It lets the person’s family and healthcare providers know if they want to refuse specific treatment if they can’t communicate this decision themselves.
Your loved one may wish to refuse treatment such as CPR if their heart stops, ventilation if they can’t breathe on their own or antibiotics if they develop an infection. It sounds morbid, but it’s important to consider while your loved one has capacity so that their wishes are met.
Encourage your loved one to make an Advance Care Plan
This is not a legally binding document, but it covers information such as how they want to be cared for in the future and by whom. It also outlines wishes about who they would like involved in their decisions, details of their will and their funeral wishes.
Encourage your loved one to make or update their will
While a dementia diagnosis doesn’t mean the person will pass away soon, they should make or update their will while they still have capacity. As with LPA, your loved one needs to demonstrate that they understand what the will means and why they are signing it. This is called having ‘testamentary capacity’. It’s worth speaking to a solicitor for advice. It may be advisable to get medical evidence when making the will, saying that they are able to do so. This is not compulsory but is advisable if there is any likelihood of the will being questioned in future.
Inform the DVLA
Your loved one intends to keep driving for the time being, they have a legal obligation to let the DVLA know of their diagnosis. They may not necessarily need to give up driving but may be given a short-term licence to renew in one to five years’ time.
Sources:
https://www.nhs.uk/conditions/dementia/care-and-support/legal-issues/