Power of Attorney (POA) is a legal tool that allows one person to give another person the authority to make legal and financial decisions on their behalf. There are different types of Power of Attorney; one of the most commonly discussed in the context of dementia is referred to as a Lasting Power of Attorney (LPA).

When dementia is involved, the capacity of the individual to comprehend the implications of setting up an LPA is important. If you want to get a Lasting Power of Attorney for a person with dementia, they need to still have the mental capacity to make that decision. They need to understand and agree to it. This is because an LPA is a powerful document that gives the attorney(s) significant control over the donor’s life decisions.

For instance, they must understand the purpose of the LPA, the powers they are giving to the attorney(s), who they are giving these powers to, and they also need the ability to place trust in this person. The Mental Capacity Act 2005 states that a person is unable to make a specific decision if they can’t understand, remember or use or weigh information relevant to it, or communicate their decision.

As dementia is a progressive condition, there may be a point at which an individual loses the capacity to grant an LPA. This emphasises the importance of putting these measures in place as early as possible, ideally before the condition progresses too far.

What happens if a person with dementia has already lost the capacity to grant an LPA? In this eventuality, it might be necessary to apply for a deputyship order from the Court of Protection. It is worth noting that being a deputy is similar but it does not offer as much flexibility as being an attorney under an LPA.

ADRT (Advance Decision to Refuse Treatment) is another related document many people with a dementia diagnosis might choose to make. It allows them to specify in advance what treatments they would refuse should they later lack the capacity to make their own decisions. Services like myADRT (https://myadrt.com/) can guide individuals through the ADRT process. However, this is distinct from an LPA and does not confer the power to make broader decisions on the individual’s behalf.

In brief, obtaining a power of attorney for a person with dementia is possible, as long as the person can still understand and willingly agree to the terms. Otherwise, a deputyship order from the Court of Protection may be required.

Given that we’ve established you can secure power of attorney for someone with dementia, there are a few subsequent questions that may naturally arise.

1. What are the Different Types of Power of Attorney?

Power of Attorney (POA) refers to the legal authority to make decisions on behalf of another person. In the UK, there are three main types: Ordinary Power of Attorney (OPA), Lasting Power of Attorney (LPA) and Enduring Power of Attorney (EPA).

An OPA covers decisions about financial affairs and is only valid while the individual still has mental capacity, while an LPA is valid even if the person loses mental capacity. An LPA covers health and welfare, as well as property and financial affairs. EPAs are a previous form of LPA, no longer available to make, but still valid if made before 2007.

2. When should we Apply for Power of Attorney?

The process should ideally begin as soon as a dementia diagnosis is confirmed. A person must have the mental capacity to make their own decisions when completing the LPA, so it’s best to start the process early.

3. How do we Apply for Power of Attorney?

In the UK, you can complete the forms online or by post. There is a fee to register each LPA, although reductions are available based on income. Once the LPA is registered, it can be used immediately or held until the person no longer has mental capacity.

4. What Happens if an Individual Loses Capacity without Power of Attorney in Place?

In such a scenario, it may be necessary to apply to the Court of Protection to be appointed as a Deputy to make decisions on behalf of the person with dementia.

5. How do Power of Attorney and ADRT Work Together?

An Advance Decision to Refuse Treatment (ADRT) allows a person to detail treatment they wouldn’t like in the future if they can’t make or communicate that decision themselves. A Health and Welfare LPA can override an ADRT if the LPA is made after the ADRT and if the LPA gives the attorney the power to make decisions about the same treatment. It demonstrates the importance of having both documents speak to each other regarding wishes and preferences.

6. How Can We Make Sure an ADRT is Respected?

Registering your ADRT with myADRT ensures that it is accessible when needed and can be shared with friends, family, and healthcare providers. The clarity and accessibility provided by an ADRT can ensure that healthcare decisions are respected. In situations where there is also an LPA, communication is key. The person giving the power should clearly communicate their wishes with their attorney.

If you are considering creating an ADRT or updating an existing one, we encourage you to register your ADRT form with myADRT by visiting https://myadrt.com/register/  By registering with myADRT, you can ensure that your document is created, stored, and shared more efficiently with healthcare professionals and trusted individuals involved in your care.

Additionally, please consider sharing the myADRT service with your friends, family, or loved ones who may also benefit from having an ADRT in place. By spreading the word about this valuable service, you can help others take control of their future medical care and ensure their wishes are respected even when they are unable to communicate them personally. Registering an ADRT with myADRT is a proactive step towards peace of mind for both you and the people who care about you.