DementiaRoadmap

Promoting living well with dementia across Scotland

Financial and legal planning

If a person has dementia, it is important that they organise their financial and legal affairs while they are still able to do so. This ensures that in the future, their affairs will be set up in a way that they have chosen. Things to think about include: details of your bank accounts, tax, benefits and pension, as well as mortgage or rent documents, insurance policies and your will.

Lasting Power of Attorney has replaced Enduring Power of attorney in England and Wales. However, the latter can still be used if they were made and signed before October 2007.

Lasting Power of Attorney is a legal arrangement that lets an individual appoint a person/s to make decisions on their behalf.

There are 2 types:

  • Health and Welfare: This can only be used when the individual is unable to make decisions
  • Property and Finances: This be can be effective as soon as registered

To make a Lasting Power of Attorney an individual must be over 18 and have mental capacity. For individuals unable to make decisions a Court Appointed Deputy can be arranged.

Information
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Information

  • Financial and Legal PlanningFinancial and Legal Planning - If a person has dementia, it is important that they organise their financial and legal affairs while they are still able to do so.
  • Power of Attorney and WillsIf a person has dementia, it is important that they organise their financial and legal affairs while they are still able to do so. This ensures that in the future, their affairs will be set up in a way that they have chosen.
  • Making decisions: who decides when you can’t?This guidance published by the Office of the Public Guardian explains how the Mental Capacity Act 2005 affects anyone who is unable to make some or all decisions for themselves. It provides advice to help people to plan ahead in case they are unable to make and understand decisions in the future.
  • Making decisions: a guide for people who work in health and social careThis guidance published by the Office of the Public Guardian explains to health and social care workers how the Mental Capacity Act 2005 affects anyone who is unable to make some or all decisions for themselves.

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