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Another Television Programme

I am researching a programme (potentially to be broadcast in July this year) about the implications (specifically for other families caring for relatives with dementia at home) of the Health Ombudsman's recent ruling in the case of Barbara and Malcolm Pointon. Malcolm has now been awarded 100% NHS funded continuing care, enabling Barbara to carry on caring for him at home. In our programme, we're keen to give a truthful picture of what is involved in caring for someone at home with dementia. I understand that the skills needed to do this vary between different forms of dementia and between different stages in the progression of the illness. I wondered if any of the carers currently looking after a relative with Pick's Disease might be interested in talking to me about what is involved in caring for someone with this form of dementia and how they go about finding (and paying for) funding / experienced help in the family home. Incidentally, we're hoping to do the bulk of our filming in May, so are hoping to talk to interested couples / families as soon as possible.

Draft Mental Capacity Bill

Parliament is currently considering new legislation which will make major changes in the legal position of people who lack capacity. The main effect will be to replace Enduring Powers of Attorney (see below) with Lasting Powers of Attorney, which will give holders power to deal with health and welfare matters as well as financial affairs. The Draft Capacity Bill contains proposals to establish a new Court of Protection to adjudicate on decisions where there is no Lasting Power of Attorney; there are also guidelines on what may be reasonably be done without formal legal authority for a person lacking capacity to decide for themselves. Full details are available on the Department of Constitutional Affairs website. (www.dca.gov.uk , follow the links to “legal policy” and then “mental incapacity”). On the same site there are a series of information leaflets outlining the present legal position on incapacity, the guides for people planning for future incapacity and for family and carers are especially helpful.

There is no telephone helpline but copies of the booklets can be obtained from:-

Mental Incapacity Branch,
Family Policy Division 1,
Department of Constitutional Affairs,
56-60 Victoria Street,
London SW1E 6QW

Making a Will

In order to make a valid will the person with dementia needs to understand what assets they have to leave, who might be expected to benefit from the will and be able to make rational choices between potential beneficiaries. If the patient has lost this capacity any existing will is likely to remain valid; alternatively the Court of Protection may be able to make a will on behalf of the person without capacity.

Enduring Powers of Attorney

An Enduring Power of Attorney (EPA) allows a person to appoint someone else to act on their behalf if they should at some future time lose capacity to deal with their financial affairs. For an EPA to be valid the person creating the EPA (the donor) must be aware of the nature and purpose of an EPA but they do not necessarily have to be capable of dealing with their finances unaided. It is helpful to have an EPA completed as soon as possible after a diagnosis has been made. Once the donor has become incapable of handling their money matters the EPA has to be registered with the Public Guardianship Office (PGO). Before being registered the donor and other interested relatives have the opportunity to challenge a finding of incapacity.

It is usual for a solicitor to be involved fairs booklets.

Bank Accounts

A bank mandate is not valid once the person who made it becomes unable to manage their affairs. A joint bank account will also be terminated if one of the signatories loses capacity, the bank can then freeze the account

Getting Legal Advice

For assistance in finding help with legal matters try the two agencies below: -

• Community Legal Service (includes Citizen’s Advice Bureaux and Law Centres) www.justask.org.uk or telephone 0845 608 1122

• Age Concern publish a free factsheet on obtaining legal advice www.ace.org.uk/AgeConcern/information_323.htm or telephone 0800 00 99 66

Jonathan Waite
Consultant Psychiatrist
Queen’s Medical Centre
Nottingham NG7 2UH