Legal support following a diagnosis of Parkinson’s
A diagnosis of Parkinson's disease can be life-changing, not just for the person themselves, but for those around them. The diagnosis itself will inevitably bring a flurry of emotions, questions and uncertainty. While medical care and lifestyle adaptations take precedence, it's equally important to consider the legal aspects of managing life with Parkinson's.
This can include issues such as preparing for possible future incapacity, navigating healthcare rights and funding options, as well as possibly establishing a lasting power of attorney. Legal assistance in these matters can provide much-needed clarity and guidance, helping to ensure the individual's wishes and rights are protected.
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Frequently asked questions
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Having a will is crucial for individuals with Parkinson's disease to ensure their assets and property are distributed according to their wishes after they pass away. It allows them to designate beneficiaries, appoint an executor, and address specific concerns or arrangements related to their condition.
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A living will is a legal document that specifies the types of medical treatment a person would or would not want if they become unable to make their own healthcare decisions. This could be due to a situation where they are unconscious or have a disease that impairs their ability to communicate. It provides guidance to healthcare professionals and loved ones, and can include decisions about life-sustaining treatments.
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A living will for someone with Parkinson's may include specific instructions regarding their medical care, end-of-life decisions, or provisions for managing their condition if they become incapacitated.
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A Lasting Power of Attorney is a legal document that allows a person (known as the donor) to appoint one or more individuals (known as attorneys) to make decisions on their behalf if they become unable to make decisions themselves due to physical or mental incapacity. If the LPA is made after a living will, the LPA will revoke the living will.
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LPAs are particularly useful for individuals with Parkinson's disease as the condition may progress over time, leading to a loss of capacity to make decisions. By appointing an attorney through an LPA, they ensure that someone they trust can handle their financial, property, and health-related matters when they are no longer able to do so.
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In many countries, there are two types of LPAs: Health and Welfare LPA and Property and Financial Affairs LPA. The Health and Welfare LPA grants the appointed attorney the authority to make decisions regarding the donor's medical care, treatment, and living arrangements. The Property and Financial Affairs LPA allows the attorney to handle financial matters such as managing bank accounts, paying bills, and selling property.
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It is advisable to create a will and LPA as early as possible after a Parkinson's diagnosis. Waiting until the disease progresses significantly or capacity is impaired may lead to legal complications and delays in making important decisions.
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If someone has already lost the capacity to make decisions, they may not be able to create a will or LPA. In such cases, it may be necessary to seek legal advice to explore alternative options, such as applying for a deputyship from the Court of Protection.
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