The impact that a dementia diagnosis can have on an individual and their family can be life changing. It can be overwhelming to watch a loved one deteriorate and to have to step-in and make decisions on their behalf.
The inequity of support for care for those living with dementia has recently been highlighted in Alzheimer Scotland's Commission on the Future of Long Term Care in Scotland report, which was published on 27 May 2024. It is so important to ensure that those affected by dementia, including carers and families, have access to the information and assistance they need.
Everyone will have a different opinion on how they wish to be cared for, and what matters most to them. Taking steps to plan in advance and make sure the right documents are in place can help return some control to an individual or loved one and provide peace of mind that their wishes are noted down and their family have clarity and guidance on what they wanted.
1. Putting a will in place
It is extremely important to ensure that you have an up to date will in place. You can only sign a will if you have the capacity to do so. If you die without a will then your estate will be distributed in accordance with the (outdated) rules of intestacy, which may not reflect your wishes.
Having a will allows you to choose who receives your estate and when they will receive it. It allows for you to leave legacies of specific items to individuals, or donations to charities, for example. Including trust provisions in your will allows you to ensure that inheritance due to younger beneficiaries is protected for them until they reach a certain age.
2. Putting a power of attorney in place
A power of attorney is of vital importance. Again, you can only sign a power of attorney if you have the capacity to do so. Having a power of attorney in place will mean that your attorneys can manage your affairs and make decisions on your behalf if you then lose capacity in the future. There is a common misconception that if you lost capacity your spouse, civil partner or family members can make decisions for you automatically: this is not the case.
A power of attorney gives your appointed attorneys power to look after you financial and/or welfare matters. This means that your attorneys can make decisions on your behalf which accord with your wishes and are in your best interests. By putting in place a power of attorney now you are using your voice to ensure that you are appointing those you trust to make those choices for you in the future.
3. Advance directive
An advance directive is helpful to ensure your wishes for end-of-life care are followed. An advance directive is also known as a living will. It is a written statement of your wishes as to what medical treatment you should and should not receive in certain circumstances. The document allows you to influence how you would like to be treated if, at a later date, you are unable to make or communicate those decisions yourself.
An advance directive is entirely separate from an "advance statement", which focuses on an individual's future care and treatment in relation to mental health services.
An advance directive can be beneficial to you and your family, as it gives you an opportunity to provide guidance to your family and healthcare providers as to your views on certain forms of medical treatment. It can also help to prevent disagreements between family members about your care at an already difficult time.
4. Care cost planning
The cost of care at home or elsewhere is also of increasing concern for individuals and their families. There are various planning options available to protect the family home and other assets from residential care costs, such as setting up a trust. The key is to seek professional advice from a solicitor at an early stage to ensure the planning meets your potential care needs and considers the nature and value of your estate.
There are many factors to be aware of when planning for the future. It is important to get professional advice early to ensure your wishes are met. Please get in touch if you would like further advice on the options available to you.
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