Football, Dementia
and Me
Many of you will have seen Alan Shearer’s
documentary ‘Football, Dementia and Me’ on
BBC One earlier this year. Dementia is seemingly
prevalent in retired footballers, so much so that
studies are being conducted into whether there is
any link between heading a football and dementia
in later life. Alan Shearer, who over the course of his
career scored 46 goals via headers, took part in one
such study as part of his program.
Alan also visited the families of other footballers
who had been effected by dementia, such as Nobby
Styles who is currently in the advanced stages of
dementia. This highlighted not just the effect that
dementia has on the person, but the impact it can
have on the people close to them.
Seeing the effect that dementia can have on your
loved ones may have spurred you into thinking
about what would happen if you were to lose
capacity, and what you could do to prepare for the
possibility. If you were to lose capacity to make
decisions for yourself who would make decisions
for you? Who would manage your bills and other
finances? If you needed medical treatment who
would consent to this on your behalf? If you are
married you may think your spouse will be able to
do this for you, but this is not the case unless they
are formally appointed as your attorney or deputy.
A Lasting Power of Attorney (LPA) is a legal document
that grants a person or people the power to make
decisions on another person’s behalf. Having an
LPA will save your family a lot of time and distress
in the event of your loss of capacity.
There are two types of LPA, both of which must be
made when you have capacity.
10
The Society of Will Writers
The first type is the Property and Affairs LPA which
allows your chosen attorney to make decision about
your financial affairs and property.
The second type of LPA is the Health and Welfare
LPA. This covers decisions about your personal
welfare and health, and can only come into effect
after you have donor has lost capacity.
Under both types of LPA you choose who to appoint
as your attorneys, so this could be your spouse or
partner, your children, or anyone else you trust to
look after your best interests. You can also provide
guidance to your attorneys so they can make the
decisions as closely as possible to how you would.
This can be done by making your preferences
known and by providing instructions in the forms.
Your attorneys should consider your preferences
but don’t have to follow them. Instructions on the
other hand must be followed. Instructions have to
be carefully worded so that they are legally correct,
your local Estate Planning Practitioner will be able
to help you with this.
What if you don’t have an LPA though? If capacity
is lost without any LPA in place, family and friends
would need to apply for a Deputyship which
takes significantly longer than registering an LPA.
Applications to become a Deputy are handled by
the Court of Protection, and the process can be
very expensive with a £400 application fee (at time
of writing).
If you haven’t got an LPA in place and this article
has raised any concerns why not contact a member
of the Society of Will Writers for assistance today?
Find a local member on our website.