Victoria Sample was contacted by the daughter of a woman, whom we will call Mrs. B, who had been diagnosed with dementia and had recently been placed in a care home. The daughter was unable to access her mother’s bank account, manage her mother’s home, or pay bills, leading to a debt in care fees.

Challenge: Mrs. B’s daughter was unable to manage her mother’s finances due to her lack of access to her mother’s bank account, as well as her own inability to decide whether to sell her mother’s home to raise funds to pay the care fees. Mrs. B’s daughter was also unable to manage her mother’s home, pay bills, or make necessary calls.

Solution: The solicitor recommended Victoria Sample to do a mental capacity assessment on Mrs. B with a view to either apply for a Lasting Power of Attorney or make an application to the Court of Protection. Victoria spent an hour with Mrs. B at the care home, speaking with the care staff and reading through available medical and nursing notes. Victoria found that Mrs. B lacked the capacity to manage her finances due to advancing dementia.

Results: The solicitor received the report and COP3 assessment form the following day. Victoria’s assessment allowed for the application of a Lasting Power of Attorney or an application to the Court of Protection, which helped Mrs. B’s daughter manage her mother’s finances and pay the outstanding care fees.

Key Takeaways: This case study demonstrates how dementia can impact a person’s ability to manage their finances and how a mental capacity assessment can help families manage care costs for their loved ones with dementia. It also highlights the importance of having a Lasting Power of Attorney or an application to the Court of Protection in place to manage the finances of individuals who have lost mental capacity due to conditions such as dementia.