Understanding Alzheimer’s: Your Questions Answered
Alzheimer's disease is a complex and challenging condition that affects millions of individuals worldwide. It is a form of dementia that gradually impairs cognitive function, memory, and behaviour. Coping with Alzheimer's can be overwhelming, both for those diagnosed with the disease and their loved ones.
Often at Bell Lamb & Joynson, families come to us for legal guidance and protection following a family member’s diagnosis of dementia. Whilst, we are not medical experts, our team have a good understanding of the disease, how it affects people and the legal steps that can be taken to ensure that health, financial and property matters can be taken care of promptly.
In this blog post, we aim to answer some of the most frequently asked questions about Alzheimer's, providing you with a better understanding of this condition and how to navigate its challenges.
How does Alzheimer’s differ from dementia?
Alzheimer's is a particular type of dementia, often responsible for the majority of cases seen in our communities. Whilst dementia serves as a broad term encompassing various cognitive declines that significantly impact daily life, Alzheimer's is distinguished by its specific cause: the accumulation of abnormal proteins inside the brain. These proteins form plaques and tangles, which hinder the communication paths between nerve cells, leading to the memory lapses, confusion, and decision-making difficulties that are so characteristic of the condition.
How is Alzheimer’s diagnosed?
A diagnosis can often be an intricate and sensitive journey. It typically starts with a GP appointment, where symptoms and concerns are discussed, monitored and reviewed. Following this, a series of cognitive assessments are undertaken, designed to gently evaluate memory, problem-solving abilities, attention, and language skills. These tests offer insights into how these critical brain functions are being affected. To further illuminate the situation, physical examinations and tests are conducted to rule out other conditions that might mimic Alzheimer’s symptoms. In some cases, MRIs or PET scans are used to further examine the brain.
What treatment is available?
There is sadly no cure for Alzheimer’s, but whilst charities continue with their research, there are avenues available to alleviate some symptoms of Alzheimer's, aiming to enhance life's quality for those affected. Treatments such as cholinesterase inhibitors and memantine can offer modest improvements in cognitive abilities and mood, potentially making daily tasks more manageable. Equally vital is embracing lifestyle adjustments that promote brain health, including engaging in physical activity and mental exercises tailored to the individual’s abilities and interests. A bespoke care plan can address the needs of someone living with Alzheimer's to ensure they enjoy their moments of clarity amidst the challenges.
How should families support someone living with Alzheimer’s?
Many family members will want to support their loved ones themselves, however, it is important to be realistic about the time and expertise that you have. It is vital to take care of your own well-being as well. Finding a balance between caregiving duties and seeking solace from professionals and respite services is ideal.
Establishing a secure and predictable environment can significantly aid in managing the daily challenges that Alzheimer's presents. Implementing familiar routines and encouraging activities that foster a sense of achievement can be incredibly rewarding for both you and your loved one. Moreover, adopting an approach of gentle communication and patience can enhance your connection, making space for meaningful interactions.
How is mental capacity assessed?
If mental capacity is a concern, then a doctor, social worker or other practitioner can carry out an assessment to determine if they are safe to make their own important decisions. The test involves a series of assessments to check that an individual is able to understand information given to them, retain that information, weigh up information and communicate their decision.
What is a Lasting Power of Attorney? And how can it help?
Many people with Alzheimer's or another form of dementia will reach a point where they are no longer able to manage important affairs or make decisions for themselves. A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone or several people that you trust to make decisions for you. There are two different types – Property & Finances and Health & Welfare. Having both means that all bases are covered should someone be unable to manage affairs for themselves due to lost capacity. They help family members to understand and follow someone’s wishes.
When should a Lasting Power of Attorney be made?
If you are considering an LPA due to early dementia or a family history of dementia, then it is important to make them and register them as soon as possible. Dementia is a progressive disease, which means that mental capacity will decline over time. This can sometime be gradual and sometimes health can rapidly drop.
What happens if someone doesn’t have a Lasting Power of Attorney?
If someone becomes unable to make decisions for themselves, it can make things difficult and drawn out. For example, just trying to pay bills or arrange utilities that are in someone else’s name can be a convoluted process, let alone something more complex like accessing benefits or moving house! If you come to a dead end, you might need to apply for the Court of Protection to make yourself their legal deputy and be able to handle things on their behalf. This is complicated, can take a long time and will incur additional costs.
Can someone with dementia make a will?
This will depend on the stages or severity of their dementia. If they are still able to understand information, retain facts and make informed decisions for themselves, then they could still make or change their will. However, a solicitor will be able to spot any red flags and arrange for a capacity check if needed. It is advisable to revisit wills as early as possible to avoid being unable to make changes.
What is the Court of Protection?
The Court of Protection was created under the Mental Capacity Act. It is a court that specialises in all matters relating to mental capacity, or lack thereof. The COP will ensure that decisions are made in the best interest of the person who lacks capacity. Their decisions might not always align with the individuals, which is why it is important to make LPAs and a Will before losing mental capacity, wherever possible.
What happens if someone with dementia dies without a Will?
Anyone without a Will, dementia diagnosis aside, will have their estate dealt with under the intestacy rules. The intestacy rules state how someone’s estate will be manged and shared, which may not align with the individual’s wishes. Intestacy rules are particularly problematic if there are complicated circumstances or family set-ups, as they make no provisions for unmarried partners or step-children.
Talk to Bell Lamb & Joynson
For legal protection and guidance, please contact our friendly team who can clearly explain the next steps to take to ensure your loved one is protected and you can help them manage their affairs in the future.
Call us on 03444 124 348, email us at contact@bljsolicitors.co.uk, fill in our online form or speak to our live chat assistant.