Few people feel assured that businesses know their rights regarding Lasting Power of Attorney

Last Updated: 11 Feb 2015 @ 14:07 PM
Article By: Ellie Spanswick, News Editor

Less than 25 per cent of people living with dementia feel that businesses and professional organisations know and understand their rights regarding Lasting Power of Attorney, according to a recent study conducted by Alzheimer’s Society.

The survey of people living with dementia or their family members were conducted in collaboration with the release of a new booklet entitled ‘Accessing & Sharing Information – Acting on behalf of a person with dementia.’

The survey was conducted over social media, Alzheimer’s Society’s online forum ‘Talking Point’ and comprised of 112 people, including people living with dementia, carers of people with dementia and their friends and family.

The launch of the new booklet follows the launch of the Prime Minister’s Challenge on Dementia which prompted Alzheimer’s Society to study the ways in which information is used on behalf of and by people living with dementia. The charity worked in collaboration with the Office of the Public Guardian; utility providers and banks to create the booklet.

Founder of MoneySavingExpert.com and supporter of Alzheimer’s Society, Martin Lewis said: “I’m 42 and I’ve set up a lasting power of attorney, not because I’ve any immediate foreseeable chance of losing my faculties, but because we all need to consider the impact and risk if we did. The difficulty for our loved ones in getting access to our cash, even possibly to pay for treatment, would compound the other more obvious issues.

“Doing it in advance doesn’t mean you’re ceding control, it means if something happens it’s far easier, cheaper, and less stressful for other people to help sort out your finances or health. I’m delighted to see Alzheimer’s Society, Office of the Public Guardian and others working closely together to create this great information resource. It’s crucial more people and more businesses understand the importance of lasting power of attorney and how to work with it.”

Lasting Power of Attorney (LPA) gives an individual the right to legally make decisions on someone else’s behalf if named to do so if the need ever arises. There are two types of recognised LPA, including health and welfare and property and affairs.

Often family members need access to information on behalf of someone living with dementia and the current law can be confusing for LPAs to understand what rights they have to obtain information under the Data Protection Act.

Head of policy and public affairs at Alzheimer’s Society, George McNamara, said: “It is shocking that so many people feel businesses are not aware of people’s rights around Lasting Powers of Attorney. LPAs, in many cases, provide a crucial lifeline to maintaining independence. Without access, it often leads to high levels of stress and anxiety amongst people with dementia and their carers, not to mention an inability to use vital services.

“We want people to feel confident and empowered with the right knowledge to exercise their rights and that’s why Alzheimer’s Society has collaborated with Office of the Public Guardian and various organisations to create this clear and informative booklet. Our aim is that this booklet will act as a catalyst for more dementia friendly policies across service industries.”

The launch of the booklet coincides with a special lunch being held in London today, where organisations involved in the creation process will meet for lunch. Speakers include Justice Minister Simon Hughes; head of policy and public affairs at Alzheimer’s Society, George McNamara and ambassador for Alzheimer’s Society, Trevor Jarvis who has dementia and his son Andrew Jarvis.

Robert Burton from the West Midlands received a dementia diagnosis in 2013 and his wife, Terri Burton has been caring for him since. She said: “When Robert was diagnosed with Alzheimer’s disease, everything happened so quickly and I found the process of applying for a Lasting Power of Attorney very stressful and complicated. Because of this, I find it difficult understanding my rights having an LPA in place.

“I’ve also had bad experiences when dealing with businesses, so I welcome this new booklet which will provide clear guidance that can be shared with frontline staff when acting on behalf of my husband.”

Alzheimer’s Society predicts that 225,000 people will be diagnosed with dementia this year which equates to one every three minutes. The charity predicts 850,000 people will be living with dementia by the end of 2015 and expect this to rise to two million cases by 2051.

Justice Minister Simon Hughes said: “Having a Lasting Power of Attorney means your choices count, no matter what happens in the future and everybody should consider making one.

“It is important those using LPAs always get the service they need and this important booklet will help those managing other people’s affairs, clearly setting out their rights and giving important practical advice.

“An LPA gives you the peace of mind of knowing that if you ever lose the capacity to make certain decisions yourself, people you have chosen and trust can legally, quickly and easily step in and manage your affairs.”

For more information on Lasting Power of Attorney and dementia, or to request a hard copy of the booklet, call Alzheimer’s Society helpline on 0300 222 1122 or download the booklet at www.alzheimers.org.uk/sharinginformation