Adults with Incapacity

With an ageing population, there is much more emphasis in the law on measures to help people who have become mentally incapacitated, whether that is due to accident, medical condition or age. The articles on our website, below, deal with aspects of the law in relation to adults with incapacity.

How Best to Protect Yourself Against the Risk of Developing Alzheimer’s

If the question is whether we would like to live to be at least 80 years old, most people’s answer would be “yes”.

That’s certainly the response neuroscientist and novelist, Lisa Genova, received from the TED conference audience she asked in April 2017. We all have a hopeful expectation of living into old age.

Lisa then asked her audience to project themselves into their futures and imagine that everyone in the room is 85 years old.

In that scenario, every second person probably has Alzheimer’s dementia. And, if you take the view that “I won’t be one of the ones with Alzheimer’s”, well, you’re still potentially affected by it – as a carer for someone with the condition.

So, on one view, this scary and upsetting disease is unlikely be avoidable for any of us.

On the other hand, given that Lisa’s talk is entitled “What you can do to prevent Alzheimer’s”, it’s a relief to know that the remainder of what she says is devoted to explaining why we are not powerless in the face of Alzheimer’s. Why it’s not the case that Alzheimer’s is our brain’s inevitable fate, if we are fortunate to live long enough. [Read more…]

7 Steps In Making An Application For Guardianship Of An Adult With Incapacity

We get a lot of enquiries about applying to be appointed as legal Guardian to an adult who has some form of incapacity.

With our ageing population, we are seeing increasing need for appointment of guardians to people who are suffering from some form of dementia.

However, the need for a guardian to be appointed can arise at any age.

It may become necessary due to a stroke or heart attack, or as the result of an accident. Children with life-long incapacity may well require the appointment of a guardian on reaching age 18.

In this article, we refer to the adult with incapacity as ‘the Adult’.

If you are considering applying for guardianship, we find it is generally a good idea for you to be in touch with the Social Work Department of your local council at an early stage. In Moray, that would be The Moray Council. [Read more…]

Why you might need a power of attorney

A Law Society of Scotland video provides an explanation of the importance and benefits of creating a power of attorney with the help of a Scottish solicitor.

If you or a loved one want to give someone you trust permission to make decisions about your money and property (or health and personal welfare), a solicitor can help you to create a power of attorney.

A power of attorney is a document which allows you to nominate someone else to take care of your affairs in the event that you are unable to do so yourself.

There are 2 types of power of attorney.

The first kind is called a “continuing” power of attorney. It permits the nominated person to take care of your money and property.

The second type is a “welfare” power of attorney. It covers matters related to your health and personal welfare.

Why should you consider having a power of attorney?

It’s something we should all consider because it provides real peace of mind in a variety of situations. [Read more…]

Guardianship Applications and Legal Aid in Scotland

A Guardianship order is a court appointment which authorises a person to act, and make decisions, on behalf of an adult with incapacity (e.g. dementia).

If you think you may need to make a guardianship application in respect of a vulnerable friend or relative, you will probably be worried about the possible cost. Should you be concerned? [Read more…]