There are over 200 subtypes of dementia, but the five most common are: Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, frontotemporal dementia and mixed dementia.
The brain is made up of nerve cells that communicate with each other by sending messages. Dementia damages the nerve cells in the brain so messages can’t be sent from and to the brain effectively, which prevents the body from functioning normally.
Regardless of which type of dementia is diagnosed and what part of the brain is affected, each person will experience dementia in their own unique way.
Dementia can affect a person at any age but it is more commonly diagnosed in people over the age of 65 years. A person developing dementia before age 65 is said to have young onset dementia.
Dementia in Farming – Why Every Family Farm Should Plan Ahead
This article has kindly been supplied to us by the professionals in Clarke Willmott’s Agriculture Team.
The recent death of the Prime Minister’s father, who lived with dementia, has brought renewed attention to the impact of the condition on families across the UK. For farming families, however, the consequences can extend far beyond personal care and support.
According to Clarke Willmott’s Agriculture Team, a dementia diagnosis should act as a prompt for reviewing the legal and practical arrangements needed to protect both the individual and the farm business.
Many farms rely heavily on one person holding key knowledge, authority and responsibility. If that person loses mental capacity without appropriate planning in place, significant challenges can arise, affecting everything from banking and subsidy claims to livestock management and regulatory compliance.
Philip Whitcomb, Head of Agriculture at Clarke Willmott, said: “The death of the Prime Minister’s father has brought dementia back into the public spotlight and reminded many families of the devastating impact the condition can have. For farming families, however, there is an additional layer of complexity because the consequences can affect not only an individual’s wellbeing but also the future operation of the farm business. Too often we see families who are forced to deal with avoidable legal, financial and practical difficulties because important decisions were delayed until capacity had already been lost. Planning early gives families more options and can help protect the farm, the business and family relationships.”
Five steps farming families should consider
1. Put Lasting Powers of Attorney in place
A Lasting Power of Attorney (LPA) can enable trusted family members or advisers to make decisions if someone loses mental capacity.
For farming businesses, it may be worth considering both a personal Property and Financial Affairs LPA and a separate business LPA, particularly where significant business decisions need to continue without interruption.
2. Review farm safety arrangements
As cognitive abilities decline, the risks associated with machinery, vehicles, chemicals and other farm operations can increase.
Families should consider whether additional safeguards are needed, including restricting access to higher-risk areas and reviewing whether it remains appropriate for an individual to operate machinery or vehicles.
3. Address driving and firearms obligations
Many farmers may be unaware that a formal dementia diagnosis creates specific legal obligations.
Individuals are required to notify the DVLA following a diagnosis that affects their ability to drive safely. Those holding shotgun or firearms certificates should also consider their obligations and seek appropriate advice where required.
4. Carry out a legal health check on the business
The impact of loss of capacity will vary depending on whether the farm operates as a partnership, sole trader business or limited company.
Key areas for review include:
- Partnership agreements and continuity provisions.
- Banking arrangements and authorised signatories.
- Company Articles of Association.
- Shareholder arrangements.
- Business succession and decision-making processes.
Many long-established family farming businesses continue to operate under arrangements that may not adequately deal with incapacity.
For example:
- Partnership agreements should contain provisions that allow the business to continue operating if a partner loses capacity.
- Sole traders should put LPAs in place before capacity is lost to avoid business bank accounts becoming frozen.
- Company directors should review Articles of Association and shareholder arrangements to ensure there are clear succession and decision-making processes in place.
5. Create an emergency contingency file
Important business information should be documented and accessible to trusted family members or advisers.
This may include:
- Banking details and authorised signatories.
- Login credentials for SFI, Countryside Stewardship and other government schemes.
- Livestock records, medicines and compliance information.
- Key professional contacts.
- Business-critical passwords and access information.
Planning early creates options and while no family wants to contemplate a future loss of capacity, early planning can help avoid uncertainty and disruption at what is often an already difficult time.
“Many of the most serious issues we encounter could have been avoided through relatively straightforward planning,” added Philip. “Putting Lasting Powers of Attorney in place, reviewing business structures and ensuring there are clear contingency arrangements can make an enormous difference when families are facing what is already a very challenging situation.”
For farming businesses, dementia planning should be viewed as an essential part of wider succession and business continuity planning, helping to ensure that the farm can continue operate effectively whatever the future may hold.
Need advice?
If you or a family member have recently received a dementia diagnosis, or you would like to review your farm’s succession, business continuity or Lasting Power of Attorney arrangements, Clarke Willmott’s specialist Agriculture team can help.
Our experts advise farming families across England and Wales on safeguarding their businesses, protecting family assets and planning for the future.
To discuss your circumstances in confidence, contact Philip Whitcomb or a member of Clarke Willmott’s Agriculture team via Clarke Willmott or call 0345 209 1000.
Alzheimer’s Society
The National Support phone number is 0333 150 3456
If you are affected by dementia, worried about a diagnosis or a carer, trained staff are ready to give you the support you need.
Opening hours: Mon to Weds: 9am – 8pm, Thurs and Fri: 9am – 5pm, Sat and Sun: 10am – 4pm
There is also a wealth of knowledge on the website
Diagnosis and Early Signs
An early dementia diagnosis will allow you to access the right treatments and to better plan for the future.
Home Instead has provided information on how to recognise the warning signs of dementia in the elderly.
Checklist for Possible Dementia Symptoms
This checklist will help you have a conversation with a doctor or other health
professional. Use it to note any difficulties you’ve had.
It is not intended to diagnose dementia or any other health condition. Everyone
experiences dementia in their own way. There can be other reasons for any changes you’ve noticed.
Jennifer’s story
- FCN has created an document ‘Dementia in Farming’, click here or the image to read the article
- You can read Jennifer’s full story of Dementia in Farming on the FCN website here – authored by Jennifer Evans, whose husband Patrick has dementia.