When a diagnosis of dementia is confirmed, you will have to make many decisions about the future. By planning ahead, you can ensure that you’ll get the type of healthcare you want and that people who you love and trust have a say in your welfare. If you leave the paperwork until later you may be considered unfit, and decisions could be made on your behalf that you don’t agree with. This is why it’s important to contact an elderly care solicitor as soon as possible to help you make the correct arrangements.
Here we outline some healthcare and legal matters you should consider after being diagnosed with dementia.
Care needs assessment
Some people with dementia may be eligible for free or low-cost care provided by their local authority. To find out if you’re eligible, you must first have a care needs assessment. These can be arranged by contacting the social services department at your local council or having someone contact them on your behalf. They will send a list of questions in advance, and you will usually have a few days to consider what type of care you need around the house. You can be as detailed as you wish. During the assessment, a social worker or another council official will ask you how you are managing with everyday tasks and document what you struggle with.
If your assessment concludes that you need care, there will then be a financial assessment to see if the council should cover some or all of the costs. Together, these assessments will help you understand how much your care is likely to cost and how much assistance you can get. In turn, this may affect other decisions you make about your finances.
If you are not satisfied with the outcome of your care needs assessment, you have the right to complain to the council. For example, you may think they underestimated the amount of help you need or overvalued your assets. It’s advisable to get independent legal advice before challenging a decision so that the right steps can be taken.
Advance decisions (Living Will)
An advance decision is a document which specifies what kind of care or treatment you would like to receive (or reject) in the future. It should describe the circumstances under which certain treatments should be given or refused: for example, you might specify what should happen if you are diagnosed with a terminal illness.
Although you can write your own advance decision, it’s best to consult a solicitor to ensure there are no errors. Your advance decision will only be legally binding if it meets the following criteria:
- The document must be valid, which means the advance decision was written when you had mental capacity.
- The requests must be applicable. The wording should be clear, and the correct medical terms should be used for conditions and treatments.
- When writing the advance decision, you must be aware of the consequences of refusing treatment if that is your request.
- If your advance decision relates to life-saving treatment, it must be signed and witnessed by someone who would not benefit from your death, such as your solicitor.
Will and Testament
It’s still possible to write your Will after being diagnosed with dementia, provided you are mentally capable. This can be proven by including documentation from a medical professional confirming your mental state, preventing it from being contested after you pass away. If you get a solicitor to write your Will, you also eliminate the possibility of making small errors which might otherwise invalidate the whole document.
Lasting Power of Attorney
As dementia progresses, it’s likely that you eventually won’t be able to make decisions for yourself. You can officially appoint one or more people to make decisions for you in the future; this is called making a Lasting Power of Attorney (LPA), and it means the people responsible for your care and finances are people who you trust and have chosen for yourself. When you make your LPA you must be regarded as having mental capacity, so the decision should be made as soon as possible after a diagnosis of dementia has been confirmed.
You can appoint an attorney to handle your health and care decisions, your financial decisions, or both. As long as your attorney is over 18 they can be anyone you trust, such as your partner, your child, a friend or your solicitor. Most importantly you should choose someone who is responsible and will act in your best interests.
If you are concerned that your attorney may at some point also become unable to make their own decisions, you can specify who should take over from them.
Foys, the elderly care solicitors
At Foys Solicitors, we know that every person with dementia is different and that there is no one way of coping with dementia. Your individual care needs and your wishes should be documented so that you can focus on yourself and your loved ones rather than worry about what will happen in the future.
Our services are always tailored to the individual, and we will help you recognise what options are available to you – and we’ll do our best to make sure you understand the legal process by explaining everything without confusing jargon.
If you need legal advice regarding any aspects of dementia, use our Online Form to get in touch. Alternatively, contact your local Foys Solicitors office:
Doncaster – 01302 327 136
Retford – 01777 703 100
Worksop – 01909 500 511
Clowne – 01246 810 050
Rotherham – 01709 375 561
Sheffield (Waterthorpe) – 0114 251 1702
Sheffield (Chapeltown) – 0114 246 7609
If you found this interesting, you might also like:
Check Our Latest Posts
At Foy , we have year of experti e in property law and offer our advice on a range of property
Come and join u at our Chapeltown office for our coffee morning in aid of Macmillan There will be
At Foy , our dedicated team of expert Will and Probate olicitor can upport you in all the
At Foy , our family law olicitor under tand the importance of legal family matter and are
Under tanding company and commercial law i central to tarting and running a ucce ful
With the dedicated a i tance and guidance of our commercial di pute peciali t , you can rely on
With the a i tance of our employment law olicitor , advi or and expert , bu ine owner can
You can rely on our employment expert for employee for advice and upport in protecting your
With the a i tance of our experienced commercial property olicitor , advi or , conveyancer and
At Foy , we do our be t to give back to the community on a regular ba i
Thi week aw our team
Re earch conducted by Royal London in 2018, the large t mutual in urer in the UK, revealed that
Thank to improved road afety and mea ure addre ing reckle driving, the overall number of
When a tenant fall behind on their rental repayment they are aid to be in arrear Typically, a
Airbnb i a global, online marketplace which matche homeowner with gue t in regard to
Commercial property repre ent an exciting inve tment pro pect, and generating income from it i a
At Foy , we’re dedicated to giving back to our community, not only in our capacity a a
Di pute are commonplace in the boardroom and among t hareholder Thi could be from omething a
The corporate world ha no hortage of terminology that can be complex For tho e entering the
The deci ion to et up a new limited company, either from cratch or growing from a ole trader
Whether you’re tarting up a new company or on the cu p of taking your bu ine to the next
Getting to the point where you’re ready to tart a bu ine i a major fir t tep
Labour force urvey in 2018 howed that 595,000 worker in the UK uffer from work-related tre ,
Traditionally, only a mother who ha given birth ha the option to take paid time off work to look
On 2 March 2015, a new drug driving law came into force in England and Wale , making it illegal
Ju t like any other year, 2019 will ee growth but al o uncertainty, but we are prepared to
2019 i here and with the New Year come change In thi po t about change to employment law,
In many ituation when two or more people to buy a hou e together, they plit the price equally
Bonu payment are a welcome boo t for many employee , but ometime , employer take away
The end of the year i fa t approaching, and your employee are planning the ever-pre ent
Medical negligence i a tricky thing to prove Due to the cro over with medical malpractice, the
Writing a will i omething that many people do not think about until it i too late In mo t ca e ,
Today, Melanie Penney received a beautiful bunch of flower from a client a a way of aying thank
For many people who have been in a colli ion, they imply wap licen e plate number and leave it
The legal y tem ha become noticeably more impenetrable in recent year Re earch by Re olution
When you’re hurt in an accident, you can make a per onal injury claim again t the per on who
Reference can make or break an employment opportunity A good reference can get you into
A recent legal ca e about Shared Parental Pay ha thrown ome doubt over whether Shared Parental
Di ciplinary hearing are often emotionally charged, and a a re ult, many of the rule and
Employment tribunal handle i ue uch a di crimination, wage di pute or unfair di mi al Many
After 27 year of ervice, Dale Harri ha retired a a Partner and left Foy Solicitor to pur ue
Million of people in the UK perform work in the o-called ‘gig’ economy - a term commonly u ed
It’ been a very long fight for Rebecca Steinfeld and Charle Keidan In 2014 they applied for a
Great new for Foy Solicitor
Foy Solicitor have ucce fully tendered for new Legal Aid
At Foy , we go above and beyond for our client We make ure that their ca e i dealt with care and
When your loved one wa fir t diagno ed with dementia, they may not have anticipated their
When a diagno i of dementia i confirmed, you will have to make many deci ion about the future By
A will or te tament i a legal document de ignating how and to whom your property will be
Belfa t woman win landmark ca e
Siobhan McLoughlin, from Belfa t, had lived together with her
Foy Solicitor are delighted to announce that thi September, our Senior Partner Andrew Firth
The number of cohabiting couple in the UK ha been teadily ri ing in the la t two decade ,
For eparating couple , court can be a daunting pro pect, e pecially due to the co t and time
Whether you want to leave your aving to an animal charity when you pa on, give family
Re olving complex legal matter can take a long time, and when it involve your family it can
Foy Solicitor can announce that our a ociate olicitor Peter Jone , ba ed in our Work op office,
Living happily ever after i n’t a myth but it i a challenge, particularly in today’ complex
Tini Owen , 68, from Worce ter hire, had reque ted a divorce from her hu band Hugh after 40
Facing a criminal inve tigation for a motoring offence i cary and it can feel like the world i
Foy Solicitor are delighted to announce that partner Clare Morgan, ba ed at our Work op
Undoubtedly, civil di pute are unplea ant – the unre olved argument with a neighbour, the
Being injured, whether through medical negligence or an accident cau ed by omething that wa n’t
We’ve all been on the receiving end of one of tho e annoying phone call that tell u we’ve
So you’ve landed your dream job, but omething’ not quite right Maybe your bo i giving you
Nobody like thinking about their death or what will happen to their po e ion after they’ve
Dealing with divorce, attempting to olve childcare di agreement or financial i ue with an
Part of owning a bu ine i having a commercial property where you can trade from Whether
La t week wa Dementia Action Week With Alzheimer’ Society encouraging the public to get
With Harry and Meghan getting hitched la t Saturday, the country i till gripped by wedding
On Friday 18 May, Anuj Makol and Kim A hley – the joint Managing Partner of Foy –
Our office celebration ye terday were a true Royal ucce !
The initial propo al
At each of our even office throughout the country, we've been having ome fun to mark the
The upcoming wedding of Prince Harry and Meghan Markle i guaranteed to cau e
At Foy Solicitor , we aren’t the u ual tuffed hirt often a ociated with olicitor '
Three lawyer from our Will & Probate Team (Melanie Penny, Gina Brabham and Helen Swift)
Throughout April, Foy Solicitor i taking part in Will Month in upport of St Luke’ Ho pice in
Staff at Foy donated lot of gift for "Mi ion Chri tma - ca h for kid ", a charity that
After 30 year of excellent ervice, we can announce that David Verity ha now retired from
On Friday 29th September, variou Foy office took part in a Macmillan coffee morning, to rai e
We are plea ed to announce that Foy Solicitor have acquired the legal practice of Dean Thoma
Staff from all 5 office of Foy Solicitor have been taking part in a Chri tma Jumper/ Dre down
Wedne day 29 June 2016
8:30am – Regi tration and complimentary breakfa t buttie
A recent Court deci ion from the UK` highe t Court, may lead to a number of people appealing their
Important information for any landlord with the upcoming change to tamp duty
From the tart of
Today taff from all 5 office at Foy have been taking part in a Chri tma jumper/ dre down day,
Two women who ay their ex-hu band mi led the court on how much money they were worth have won the
The law i there to protect your right when you buy good or ervice , but what happen when
Member of taff at the Donca ter office of Foy Solicitor have today been taking part in Hallam
3 member of taff at Foy Solicitor will be running the Great York hire 10k run on 27th September
U ing ocial media uch a Facebook can be a great way to communicate, but there are an increa ing
Thi i a ummary of a landmark Judgement that i mentioned below
In a erie of recent
Legal Aid i under threat Legal Aid Lawyer often work long and often un ociable hour , for le
If you feel you have been unfairly left out of a Will, or if you want to make or adju t your Will
In the build up to the 2015 General Election, each Party ha outlined their intention on a number
On Saturday 18th April over 360 people attended the Finningley Ball, the fir t event of it
An intere ting article, highlighting the impact that cut to the legal y tem are having on the
An intere ting in the Guardian online today, that confirm how important a fair Legal Sy tem and
The following change will take effect from 5 April 2015 (although in ome ca e the e are ubject
Comment by Clare Morgan, Partner in the Family Team at Foy Solicitor :-
"The BBC Panorama
The national minimum wage (NMW) will increa e by 3% to a new rate of £670 per hour, effective from
The mini try of Ju tice (MOJ) ha announced new charge for convicted defendant in the criminal
Well done to Lorraine Hooper, a member of taff at Foy Donca ter, who recently helped rai e money
Staff at Foy Solicitor , Waterdale Donca ter took part in the Red no e day event Baking wa done,
The va t majority of people treated in the NHS receive care from dedicated taff truggling again t
Dale Harri read a tatement out ide Cardiff Crown Court along ide Joanne Mjadzelic (the