Booklet - 2003

Legal Matters by Carol Jennings, PDSG

LEGAL MATTERS

Joint Bank Accounts
If you and your partner have a joint bank account the order is terminated if either of you becomes mentally incapacitated. The bank can then freeze the account.

Making a Will
Wills need to be made while the person with dementia still understands what is involved. The carer’s will may need to be revised.

Enduring Power of Attorney (strongly recommended)
EPA enables someone to act for the person with dementia once they become mentally incapable. Unlike an ordinary Power of Attorney which becomes invalid if the donor becomes mentally incapable. An Enduring Power of Attorney can be made after diagnosis but it needs to be clear that the person with dementia is fully aware of what is involved. (An EPA should be set up as early as possible. It need only be registered and used when problems arise for example with signatures.)

The Public Trust Office is responsible for the registration of Enduring Powers of Attorney.
Customer Service Unit
Protection Division
Stewart House
24 Kingsway
London WC2B 6JX
Telephone: 0207 664 7000.

Advance Directives or Living Wills
This is a statement made by someone before they become seriously ill about the kind of medical treatment they would like to receive or would want to refuse later in their illness. This is now considered legally binding. It is however invalidated if the patient asks a doctor to take a positive step that would cause death.

Advice from:
Citizens Advice Bureau - local- address and telephone number in phone book. Law Centres- may be local - ask at local library OR contact: Law Centres Federation, Duchess House, 18-19 Warren Street, London W1P 5DB. Telephone: 0207 378 8570.

Carol Jennings PDSG

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