Person and family law
It is incredibly hard to cope with a dementia diagnosis, both for the person who is diagnosed and for their families.
Unfortunately, these diagnoses are becoming more common as the population in the UK ages and the risk of dementia is thought to rise with age.
There are currently more than 90,000 individuals living with dementia in Scotland alone, a term that refers to a number of diseases and disorders that cause reduced brain function and a reduction in intellectual ability, which can lead to changes in personality and behavioral issues.
While for both the person with dementia and their loved ones, these circumstances are always distressing and difficult to navigate, those who have prepared ahead will steer through the setbacks an easier path. For this reason, after diagnosis, it is important to discuss the legal consequences as early as possible.
Early preparation saves the burden of many of the practical matters that occur when a person loses mental skill from loved ones, who may already be in emotional turmoil. A well-drafted will and attorney power are the most important things to take care of, according to Susanne Batchelor of the Scottish law firm Brodies. “As a society, we are living longer, but not always with the same quality of life, so these challenges will become more common,” she said. It is advisable to plan ahead if a form of dementia is diagnosed. If you lose the ability to function, you can not know what you want to do with yourself, so it is good to keep your house in order in advance. Preparation involves making sure you complete the required paperwork to make it easier to deal with your family.
It’s always really difficult, and people don’t like to think about stuff like that, but planning ahead is necessary. The person probably still has the ability and legal ability to make decisions when the diagnosis is made, but that can change very rapidly.
“First, it is important to ensure that there is a will, otherwise the estate of the individual may not be passed on the way he or she would have wanted. “If you don’t have a will, the laws in Scotland are quite complex and if you don’t have it figured out, it can be quite expensive,” Susanne says. “The Scottish government is actually looking into reforming the legislation for when you don’t have a will, but c
“In modern society, we have a lot of blended families, including second marriages,” he said.
“In those cases, people really need to think about what the implications are because they want to make their second spouse comfortable, but they also want to pass on their assets to their children from a previous marriage. They need to structure the will properly to provide for these situations in the most tax-efficient way.”
It’s a common misconception that if they lose energy, spouses or children will act on someone’s behalf automatically, but that’s clearly not the case – which is why it’s really important to build a lawyer’s control.
There are two forms of attorneys’ powers: Attorney’s Resilient Powers and Attorney’s Powers of Health Care.
A lasting attorney power enables someone else to take control of the financial properties. A power of attorney in health care allows others to make decisions about your medical care. You may establish a single attorney power (attorney’s durable or health care power) or a combination attorney’s durable and health care power.
Susanne points out that “If people have specific wishes about their future care, they can give instructions about what they want,” “This is helpful for families because they not only have to deal with their emotions, but they also have to deal with the other aspects of their own lives, such as work pressures and young children. It may also be that the family has different views about what kind of care there should be.”
If there is no power of attorney, the properties of the individual can be difficult to deal with. “In such cases, a guardian can be appointed by the court, but that is costly and time-consuming if things are already extremely difficult for the family,” says Susanne. “This can be stopped by getting a lawyer’s power in place in advance a