Alzheimer Scotland’s Annual Conference last Friday focused on an important message: “Better Care, Full Stop.”
Better care depends on effective services, policy, research and innovation. However, it can also be supported by early planning, which can help individuals retain control, communicate their wishes and give those close to them greater clarity if circumstances change.
As private client lawyers, we see a complementary aspect of that conversation: helping people put arrangements in place so that their wishes continue to be respected if they are no longer able to communicate them themselves.
We regularly meet families who are navigating some of life's most difficult conversations. Dementia can bring uncertainty, but planning ahead can provide reassurance, reduce stress and help ensure that a person's wishes continue to be respected if circumstances change.
With that in mind, here are five practical steps every family should consider.
1. Put Powers of Attorney in place early
Powers of Attorney are often one of the most important planning tools available when preparing for the future.
Many people assume that they can put arrangements in place later if needed. Unfortunately, dementia can affect a person's ability to make legal decisions, and once capacity has been lost, it is too late to grant a Power of Attorney.
Planning early means retaining control over future decision-making. A Continuing and Welfare Power of Attorney allows you to choose who will make decisions about your finances and welfare if you are no longer able to do so yourself, rather than leaving family members to deal with more complex and potentially costly court processes.
2. Review your will
While many people already have a will in place, circumstances can change. Executors may no longer be the most appropriate choice, family dynamics may have evolved, or there may be concerns about protecting vulnerable beneficiaries.
A review can help ensure that your wishes remain up to date and that your estate will pass in the way you intend. For some families, this may also be an opportunity to consider whether trusts or other planning measures could provide additional protection and flexibility.
3. Understand and organise your finances
When someone becomes unwell, relatives can be left searching for essential information at an already stressful time. A simple, up-to-date record can help. It might include:-
- details of bank and savings accounts;
- pension and investment information;
- insurance policies;
- details of professional advisers;
- information about property ownership; and
- key digital accounts and online services.
Having a clear understanding of your financial position can also assist with longer-term planning. While nobody can predict what care and support, they may require in the future, understanding your assets, income and financial resources can help families make informed decisions and avoid unnecessary stress if circumstances change.
This does not need to be complicated. A well-organised file or folder containing essential information can save significant time and reduce anxiety for family members in the future.
4. Have conversations about future care and personal wishes
Legal documents are important, but conversations are equally valuable.
Many families avoid discussions about future care because they can feel uncomfortable. However, having those conversations early often makes future decision-making easier and less stressful for everyone involved.
Topics might include:
- where you would like to live if your needs change;
- the type of support you would prefer to receive;
- what matters most to your quality of life;
- who you would like involved in important decisions; and
- any personal values or wishes you would like loved ones to understand.
Families are often grateful to have had these discussions before difficult decisions need to be made.
5. Seek advice before decisions become urgent
Early advice usually provides more time and more options. This may be helpful when considering incapacity planning, care costs, succession, tax or support for a vulnerable family member. By contrast, decisions made under pressure often limit the choices available.
Taking advice before a decision becomes urgent can help you understand the choices available and put arrangements in place at your own pace.
Taking practical steps for the future
While many aspects of dementia remain outside our control, planning ahead is something we can control. Taking practical steps early can help individuals retain their voice, provide clarity for loved ones and ensure that future decisions are guided by their own wishes and values.
In that sense, better care is not only about the services available to us. It is also about making sure that those we love are supported by thoughtful planning, open conversations and clear instructions for the future.
If you would like advice on Powers of Attorney, wills or planning for later life, our Personal law team would be pleased to help.
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