Wednesday 30 October 2013

No 8B Estate Agency Businesses and Dementia [Update 4 - 07/11/13]

This Post is exploratory and raises, firstly, the services needed by seniors in general possible concerns that an estate agent may have that arise from the need for a person with memory problems or dementia to move from his or her home. It is written by one who is not an expert! Legal advice should be sought as appropriate in the circumstances. [Post No8C will explore the options for selling or letting with property, together with something of the taxation consequences.]

[It may be noted that in many parts of the country only about 50% of those with dementia have been diagnosed with the the condition. In the area of the Dartford, Gravesham and Swanley CCG the percentage is targeted to become about 60% by 2015.]

Estate Agents may be approached about selling (or possibly, renting out) a home owned by a such a person. The approach may be made by: a) the person alone, b) by the person accompanied by a family member or the carer, or c) by a person with power of attorny - a family member, carer, friend or a professional.

The purpose behind such an approach might include the likes of:
  • An intention to downsize into a smaller home or to a care home
  • An intention to move to be near a member of his or her family
  • An intention to move into a larger house with a family member's family. 
The first, perhaps basic, concern might be with the estate agency's staff having awareness of dementia and the need to conduct meetings discussions, telephone calls, visits, correspondence and the like in an appropriate manner. Managers and staff may need to be inducted, trained and developed in dementia awareness in terms of:
  • the kinds of dementia [see Post No 18], and
  • the symptoms as manivest in certain kinds of behaviour. 
The second concern is likely to be whether managers and staff have had training and experience concerning the legal capacity of the person wishing to sell (or buy) a property. Normally the person's solicitor would be expected to advise on such matters. 

If the person has been diagnosed, it may be that they do have legal capacity or that they made arrangements for lasting power of attorney to be held by another by a family member, etc [see Post No 17]. Where the dementia is advanced the estate agent may need to ascertain whether legal documents exist concerning estate and financial affairs and wishes of the person with dementia. This type of information will be available from the person with any valid lasting power of attorney or legal advisor.

At least one estate agency has developed an action plan under their town's Dementia Action Alliance. It emphasises the need for staff training in awareness of dementia and the kind of customer service needed for those with dementia. 

No comments:

Post a Comment