Q: My husband has always taken care of money and the house, but now I am worried he may have developed Alzheimer’s or dementia and I don’t know what to do. He has become vehemently difficult as well as forgetful and I’m not sure I’ll cope with him at home. We have an appointment to see the GP but what do I need to be aware of and who else can I go to for help?
A: Being prepared is key to coping and you are doing all the right things in getting him seen for an early diagnosis and researching what help is available in advance. If your husband is diagnosed with dementia or Alzheimer’s it is likely there will come a time when you need help to look after him, at home or in a care home. You will probably also need to take over his affairs when he becomes unable to make decisions for himself.
The Mental Capacity Act 2005 provides the legal framework for someone else to make decisions on behalf of those who lack mental capacity to make their own decisions. It also provides safeguards to ensure those decisions are made in the person’s best interests. Sometimes it becomes necessary for the person to be detained or have their freedom restricted – for their own safety. If this happens the care provider must apply, if necessary under the Deprivation of Liberty Safeguards (DoLS) and in some cases through the Court of Protection, for authorisation to impose such restrictions.
Those subjected to DoLS have the right to legal representation to ensure that safeguards are properly followed. As well as helping families to understand the authorisation process, solicitors can challenge inappropriate or unlawful restrictions, ensure decisions are made in the detainee’s best interests, and protect their rights. A solicitor can also help with Lasting Powers of Attorney to give you permission to make decisions on your husband’s behalf, Deputyship applications and care funding disputes.
This question has been answered by Aleksandra Slawinska, a Trainee Solicitor with GHP Legal, specialists in Mental Capacity & Court of Protection. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
