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Can a person living with dementia give a Power of Attorney?

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Is it possible to apply for a Lasting Power of Attorney during COVID-19?

A Power of Attorney can be very useful because it can allow someone to help manage someone else’s affairs. It is particularly useful for assisting people who may be living with dementia and who may need that kind of help. However it’s important to think about it and put it in place before someone loses mental capacity.

Mental capacity, is broadly the ability to understand information, retain that information long enough to make a decision and then weigh up and communicate that decision. Many people living with dementia still have mental capacity and can therefore give a Power of Attorney. However a person who no longer has mental capacity cannot give a Power of Attorney.

If it is too late and someone has lost mental capacity then instead of granting a Power of Attorney it will be necessary to apply to the Court of Protection for what is known as a deputyship, where a deputy will be appointed by the court to look after their affairs. That can be a much more expensive and complex process than creating a Power of Attorney.

So, if you think that at some point you might need help with managing your own affairs it is a good idea to put a Power of Attorney in place soon rather than leaving it until it is too late. At Stephensons we have sympathetic specialists in this area of law and we also pride ourselves on being Dementia Friends. We help people from all over the country and there is no need to come into our offices. We can talk you through creating a Power of Attorney and do the paperwork for you. For a no obligation discussion contact us on 0161 696 6238.