Dementia - early planning
Dementia - early planning
Dementia affects people differently. One person may begin to lose the ability to handle money matters or make competent business decisions at an early stage, while another person may keep these skills much longer. Eventually, the abilities of the person with dementia will decline and they will be unable to make their own decisions about financial and legal matters.
Planning ahead for dementia care
Planning ahead can make it easier for families and carers to manage the affairs of the person with dementia. It may also mean that the person with dementia can participate in the planning and make sure that their wishes are carried out in the way that they would like.
Where possible, get advice while the person with dementia can still participate in the discussion and is legally competent to sign any documents.
Decisions about medical treatment for dementia
If a person with dementia loses the legal capacity to make decisions about their medical treatment, someone else needs to make those decisions for them. In most states and territories, a person can appoint a person they trust to make these decisions. If a person has not planned ahead, the law in every state and territory allows a particular court to appoint someone to make these decisions.
Advance care planning can help the people close to you know what is important to you about the level of healthcare and quality of life you want. There are two ways you can plan ahead for decisions about medical treatment:
you can appoint a medical treatment decision maker– this allows a person with dementia to appoint another person to act on their behalf to make decisions about medical treatment.
you can create an advance care directive – a document that expresses a person’s wishes about medical treatment. This may include specific instructions about the type of care you would want in certain circumstances.
The documents might have different names in some states and territories, but the function of the document is much the same.
There is more information on recording wishes for future care and related matters in the section on
advance care plans
.
Planning ahead for medical treatment
Things you can do to plan ahead include:
making sure the person with dementia has the opportunity to appoint a medical treatment decision maker or create an advance care directive
having a copy of any advance care planning document and knowing where they are kept.
Getting help with decisions about medical treatment
People or organisations that can help you with making decisions about medical treatment include:
a solicitor
the
Law
Institute
External Link
, Law Society or
Legal
Aid
External Link
the
Public
Advocate
External Link
or Public Guardian
Dementia
Australia
External Link
.
Money matters and dementia
If a bank account is in joint names, the partner of the person with dementia can continue to operate it without any change in arrangements. Problems can occur if the person with dementia uses the account inappropriately or has accounts, credit cards or other arrangements in their name only.
To avoid these difficulties, the person with dementia can give authority, while they are legally competent, for another person to operate the account. It is important to remember that this authority will become invalid when the person is no longer legally competent. If they are unwilling to agree to a change of arrangement, it may be helpful to consult the bank manager about a possible solution.
Planning ahead for money matters
Things you can do to plan ahead include:
having joint financial accounts
discussing financial affairs with a financial adviser
arranging how and when the person with dementia will access their finances.
Getting help with money matters
People or organisations that can help you plan for money matters include:
a bank manager
an accredited financial adviser
a solicitor
Alzheimer’s Australia.
Enduring power of attorney and dementia
In most states and territories, a person can sign a document called an enduring power of attorney if they are legally competent at the time of signing. Anenduring power of attorney is a legal arrangement that enables a nominated person to look after another person’s financial affairs if they become unable to do so themselves. Many people have enduring powers of attorney, regardless of any illness or diagnosis.
An ordinary or general power of attorney is also available, but is only valid while the person is legally competent. An enduring power of attorney is different because it remains valid even if the person becomes unable to manage their own affairs. An enduring power of attorney continues until the person’s death, unless revoked. This is why enduring powers of attorney are more useful for people with dementia.
One of the benefits of having an enduring power of attorney is that it allows the person with dementia to choose someone to act on their behalf in legal and financial matters, when they are no longer able to do so themselves.
Planning ahead for an enduring power of attorney
Things you can do to plan ahead include:
making sure that the person with dementia has the opportunity to consider making an enduring power of attorney (if they don’t already have one) as soon as possible after diagnosis and while they still have the capacity to do so
making sure that family and carers also have their own enduring powers of attorney so that their affairs are well managed if they also become incapable
having a copy of the enduring power of attorney and knowing where it is kept.
Getting help with an enduring power of attorney
People or organisations that can help you with an enduring power of attorney include:
a solicitor
the Law Institute, Law Society or Legal Aid
the Public Advocate or Public Guardian
Alzheimer’s Australia.
Wills and dementia
A will gives instructions as to how the estate of a deceased person should be distributed. A will is only legal if the person making it understands its implications. It is essential that, if the person with dementia makes or updates their will, they do so while they are still competent to sign.
Planning ahead for a will
Things you can do to plan ahead include:
having an up-to-date will
knowing who the executor is
knowing where the will is kept.
Getting help with a will
People or organisations that can help you with wills include:
a solicitor
the Law Institute, Law Society or Legal Aid
Alzheimer’s Australia.
Guardianship and administration and dementia
In most states and territories, there is a Guardianship Board or Tribunal that can appoint a guardian or administrator for a person who is no longer able to make decisions for themselves. If there are problems dealing with the affairs of the person with dementia, or if there is conflict in the family about the person’s best interests, an application for the appointment of a guardian or an administrator may need to be considered.
Alzheimer’s Australia can be contacted to discuss whether an application to appoint a guardian or administrator may be needed and how to go about it.
Where to get help
Your
GP (doctor)
Your
local
council
External Link
Your local community health centre
National Dementia
Helpline
External Link
, Dementia Australia Tel.
1800 100 500
Aged Care Assessment
Services
External Link
Tel. 1300 135 090
My aged
care
External Link
Tel.
1800 200 422
Cognitive Dementia and Memory Service (CDAMS) clinics
Carers
Victoria
External Link
Tel.
1800 514 845
Carer
Gateway
External Link
Tel.
1800 422 737
Dementia Behaviour Management Advisory Service
(DBMAS)
External Link
Tel.
1800 699 799
– for 24-hour telephone advice for carers and care workers