Long term elderly care planning often includes a raft of legal processes, especially when it comes to mental health conditions like dementia or Alzheimer’s which will worsen over time. The Eldermera network includes a legal team with a wealth of experience under their belt in providing legal services and support for the elderly, in particular people diagnosed with dementia.
One of the foremost considerations for those of us who choose to plan ahead and make legal provisions early is the implementation of a Lasting Power of Attorney (LPA). However, there are many other circumstances in which you might find yourself in need of legal advice and support if you or a loved one is diagnosed with a serious condition which will require long term care.
Mental health law can be complicated, with lots of legal jargon, terms and phrases. For most people that will mean consulting with a solicitor, so it makes sense to work with a specialist team who not only understands all your care needs, but your legal requirements too, offering bespoke legal services specific to your needs.
“Eldermera has a fully qualified legal team with specific expertise in the stewardship of legal processes pertaining to elderly care planning. We can represent you and help you put the right legal documentation in place for better care outcomes.”
Here are just a few of the many areas of the law surrounding long term care and mental capacity in which we have specific expertise to help and support you.
A Lasting Power of Attorney (LPA) allows you to appoint someone to make decisions for you when you no longer have the capability. LPAs can be either for ‘property and financial’ affairs or for ‘health and welfare’, each coming with different powers.
Established to support the Mental Capacity Act 2005, the Court of Protection rules on various issues, for example, the extent of a person’s mental capacity to make their own decisions. Complex cases often mean the involvement of High Court judges.
In cases of dementia or Alzheimer’s, making a will may not be deemed valid under the law if you lack mental capacity. However, you can apply to the Court of Protection to have a statutory Will validated. This is a complex process and may include a Court of Protection hearing.
This area of the law is important in cases of dementia and other long term mental health issues as you may need to appoint executors and trustees to manage your estate and put tax planning provisions in place to protect future financial security for your family when you have passed away.
There are safeguards under the Mental Capacity Act 2005 to protect those living under care or support to ensure that their lives are not unduly restricted when they are not capable of making their own decisions. These are the basis for deciding whether there is deprivation of liberty.
Advance decisions are legally binding instruments which allow you the option of making key decisions about your care and treatment in the future while you are still mentally capable. Your Advanced Decision comes into force when you can no longer make decisions for yourself.
When someone with dementia or Alzheimer’s has not appointed a Lasting Power of Attorney, guardianship can be a viable alternative to allow a legal guardian or conservator to make a petition to the court to have the person declared incapable of managing their own affairs.
There are many other legal requirements around mental health designed to protect people in long term dementia care, for example their ongoing aftercare, helping ensure they are looked after by trained professionals, or that they have the specialist support they need to maintain their human rights.
Why not schedule a free consultation today?
We can advise and assist you with all the legal matters regarding long term care arrangements.
You can organise an initial consultation with us by calling 0330 022 5778 or 0207 030 4923.