Advice

Tips about choosing an attorney when you have dementia

Who would you trust to make important decisions on your behalf? 

Who knows you well enough? Are they reliable? Do they have the skills to make the decisions you might need them to make? 

How well do they manage their own finances or make decisions about care?

Powers of attorney 

In England and Wales, you can appoint someone to make decisions about your property and finances through a lasting power of attorney (LPA). You can set up a separate LPA for someone to make decisions about your care and medical treatment. 

In Northern Ireland, you can appoint someone to make decisions about your property and finances with an enduring power of attorney. 

Whichever legal tool you use, you might not need the person to act as your attorney until much later on.

If you’re appointing a relative or friend, will they still be in a position to do this then? 

Responsibility 

Before you appoint someone as your attorney, make sure they’re happy for you to do it. You can also tell them about things important to you that might affect future decisions. 

If you appoint more than one attorney, they can share the responsibility between them. But make sure they get on! 

If you don’t know anyone you’d want to appoint for property and finance decisions, perhaps ask an accountant or solicitor about doing this instead.

Your tips about choosing an attorney

Sam50 says,

‘I chose friends I trust with my life. I know they will make good decisions for me. 

They know the care homes where I am happy to go when time comes and will sort it out.

Kevinl says,

‘Just the person you love and trust, simple as that.’

Shiela Ajimal, LPA digital assistance volunteer, says,

‘You can’t predict every eventuality that an attorney might face, or every decision they might need to make. 

‘You don’t know how life’s going to evolve, and there are only so many preferences and instructions you can write in the LPA form. You can’t legislate for every single situation that they may encounter. 

So, you have to rely on their judgement – and how well they know you and how you might feel about something – in order to exercise your wishes. 

‘They’re going to have to step into your shoes and know what you’d want. What would you say, what would you think if something came up? 

‘People are often quite surprised that an attorney doesn’t have to be a family member. 

‘You can appoint more than one original attorney, but you can also appoint a replacement attorney who can step in if the original attorney can no longer act.’