Dementia

Power of Attorney

Lisa Carter
Managing Partner
Danny Carter
Senior Partner
Alexandra Frumosu
Senior Paralegal
Helen Firth
Senior Associate
Jessica Fraser
Solicitor
Finn Thomas
Paralegal

With the advancements in medicine and with an ever ageing population, it is inevitable that more and more people will be affected by dementia, in one form or another.

Our highly trained solicitors are here to help both the sufferer and their family through many different stages of advice.

Gepp Solicitors offer specialist legal advice for the elderly and those with dementia.

As one of the most established and experienced elderly care solicitors in the region, we understand how difficult it can be to come to terms with the diagnosis of dementia and other mental health conditions. Our team of highly qualified solicitors help clients who have life-changing diagnoses and work hard to look for positive legal solutions for the future.

Our experienced team will support you through the process of reviewing what options are available and help you decide how best to implement them to ensure that you have the best possible arrangements in place.

We can help with

  • Wills
  • Statutory Wills
  • Lasting Powers of Attorney
  • Registration of existing Enduring Powers of Attorney
  • Court of Protection Deputyships
  • Advanced Decisions/ Living Wills
  • Sale of property and assets
  • Court of Protection Orders to mitigate IHT

Frequently asked questions

Is a will valid if a person has dementia?

To make a new will the client (the ‘Testator’) must have the capacity to do so. If the Testator no longer has testamentary capacity an application to the Court of Protection for the creation of a Statutory Will can be made. A will made before someone loses capacity remains valid.

Can you get power of attorney if someone has dementia?

A Lasting Power of Attorney (LPA) is only available where the Donor of the power has capacity to make one. The assessment of capacity is task specific and legal the tests vary depending on the task being considered. If the dementia sufferer (the ‘Patient’)does not have the required capacity then an application to the Court of Protection can be made for an Order to appoint a Deputy who will then deal with the affairs of the Patient. Financial Deputies are commonplace but Heath Deputyship Orders are not so readily granted by the Court.

Can a person diagnosed with dementia sign legal documents?

A diagnosis of dementia does not mean that an individual cannot sign legal documents. The issue is whether the individual has the capacity to do so. Capacity to perform an act or sign a document is ‘task specific’ and may also depend on whether the individual is having a good or bad day.

Can a person with dementia change their will?

To make a new will the client (the ‘Testator’) must have the capacity to do so. If the Testator no longer has testamentary capacity an application to the Court of Protection for the creation of a Statutory Will can be made. A Will made before someone loses capacity remains valid.

 Facts from The Alzheimer’s Society:

  • By 2025 there will be over 1 million people with dementia in the UK.
  • There are 40,000 younger people with dementia in the UK.
  • There are 25,000 people with dementia from black and minority ethnic groups in the UK.
  • There will be 2 million people with dementia in the UK by 2051.
  • Two thirds of people with dementia are women.

We are here to help plan for a better future

Dealing and living with mental health issues are tough and highly emotive. Here at Gepp Solicitors our specialist legal team have a complete and compassionate understanding of the issues and decisions that need to be faced.

Lisa Carter’s team of skilled solicitors specialising in dementia including Alzheimer’s are here to help you or your family put the processes in place to secure your future welfare.

Case studies

1. We have helped a family obtain permission from the Court of Protection to transfer a Commercial property in London from an incapable person to his children as an IHT mitigation exercise.

2. Gepp Solicitors have assisted an elderly client with a diagnosis of dementia which fluctuated to create a Lasting Power of Attorney and to revise the Will to provide for a child who had given up their career to become a carer.

3. We have acted for a client who was concerned about the possibility of losing capacity and put in place a Will and LPA together with the prepayment of her funeral and the drafting of her own funeral service sheets.

Important information and additional help

Families should not suffer alone. In addition to the expert advice offered by elderly care specialists at Gepp Solicitors, there are many charities and organisations that can help sufferers and their families.

Whilst safeguarding is paramount, sadly all too often people suffering with dementia may wander as a result of confusion and loss of memory. It is vital that those who go missing are found safe and well and returned to a place of safety as soon as possible.

Under the direction of the police, voluntary rescue services including mountain and lowland rescue, are on call 24/7 365 days a year to search, locate and rescue vulnerable persons. Those suffering from the likes of dementia are considered high risk and it is critical they are located swiftly especially during extreme weather conditions. This includes hot summers and very cold winters.

The Herbert Protocol was established to provide vital current and historical information about those suffering from dementia.

This information includes questions such as:

1. Where did they go to school
2. Where have they worked in the past
3. What was their favourite local place to visit etc.

For further information on the Herbert Protocol and how to complete the form Visit the Essex Police website.

Get in touch with our dementia solicitors in Chelmsford, Essex

If you want to find out more about the services we can offer you, please feel free to get in touch with our dementia solicitors in Chelmsford.

Call us
Main number: 01245 228125

Email us
Main email: Private Client Enquiries

Our team of highly qualified solicitors help clients who have life-changing diagnoses and work hard to look for positive legal solutions for the future.

Our team of highly qualified solicitors help clients who have life-changing diagnoses and work hard to look for positive legal solutions for the future.

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Get in touch

If you want to find out more about the services we can offer you, please feel free to get in touch.

Get in touch

If you want to find out more about the services we can offer you, please feel free to get in touch.