Power of Attorney and Dementia in Scotland

Granting a power of attorney is a positive step and can empower you to fight some of the challenges of dementia on your own terms.

Dementia is a set of symptoms that may include loss of day-to-day memory, difficulty with being able to work things out and in finding the right words, and changes in mood and behaviour.

Dementia in Scotland – Key facts*

• Around 90,000 people in Scotland have dementia.
• The chance of developing dementia increases with age. One in 14 people of 65 – and one in 6 people over 80 – has dementia.
• Dementia is more common among women than men.
• Research suggests 1 in 3 babies born in 2015 will go on to develop dementia in their lifetime unless a cure is found

*Alzheimer Scotland

Sadly, all forms of dementia are progressive, which means that the symptoms will become worse over time.

However, a diagnosis of dementia does not, in itself, mean that a person has necessarily lost the capacity to make decisions for themselves or that they will not enjoy full and active lives for many years ahead.

Granting a power of attorney at as early a stage as possible, is a vital step in ensuring that help will be on hand from those you trust as certain aspects of life become more challenging.

For someone suffering from dementia, everyday financial matters (like making sure the bills are being paid) can become increasingly difficult to manage and important or complex decisions about care and treatment in the future can become intimidating.

Granting a power of attorney is a positive step and can empower you to fight some of the challenges of dementia on your own terms.

Ideally, we would all grant a power of attorney many years before we needed one.  It is essential that a person granting a power of attorney has sufficient capacity to understand what they are doing.

If a person has been diagnosed with dementia, there is a good chance that they may still be able to grant a power of attorney, particularly if it is still in its early stages.  Your solicitor may ask your GP or a specialist doctor to meet you and confirm whether you are able to grant a power of attorney.

Your solicitor at Drummond Miller will take time to fully explain a power of attorney to you.  We will usually be able to prepare a power of attorney for you on a fixed fee basis, so you know where you stand on costs.

If a person has not granted a power of attorney and no longer has sufficient mental capacity to do so now, an application to Court known as Guardianship may be required.  Drummond Miller has a highly experienced team that specialises in helping families, carers, and others through the guardianship process.

Contact us now to arrange an appointment at one of our offices throughout the central belt.