Advising DVLA
- Thread starter Sue741215
- Start date
A person having a diagnoses of Dementia doesn’t mean the Person lacks Capacity
Fortunately for that reason the Person is protected by Mental Capacity Act.
The person living with dementia maintains the right to make his or her own decisionsas long as he or she has legal capacity.
family members and other people close to that Person (including your next of kin) don’t have any legal authority to make decisions about that Persons care or treatment if they lack capacity.
Although family members should be consulted, the healthcare professional doesn’t have to follow what they say.
The only way to give someone the legal authority to make decisions on your behalf is by making an LPA or a Welfare Power of Attorney if you live in Scotland.
Fortunately for that reason the Person is protected by Mental Capacity Act.
The person living with dementia maintains the right to make his or her own decisionsas long as he or she has legal capacity.
family members and other people close to that Person (including your next of kin) don’t have any legal authority to make decisions about that Persons care or treatment if they lack capacity.
Although family members should be consulted, the healthcare professional doesn’t have to follow what they say.
The only way to give someone the legal authority to make decisions on your behalf is by making an LPA or a Welfare Power of Attorney if you live in Scotland.
I often wonder if the person writing some of the replies Realize that there a several Talking Point members who have actually been diagnosed with dementia and are still capable to live a normal life in my own personal opinion
also people living with dementia have the right to be free from discrimination based on any grounds such as age, disability, gender, race, sexual orientation, religious beliefs, health status and also directly because of their dementia Please do not Assume everyone with dementia lacks Capacity were are all individuals with a varied abilities
Discrimination
This is where someone treats you worse than others because of your disability. to prove discrimination. You need to show that someone treated you less favourably than a person in the same situation who does not have a dementia . This person is a “comparator”.
What Alzheimer’s Society calls for
End discrimination because of reduced mental capacity. Lack of capacity can make people with dementia vulnerable to discrimination and treatment that contravenes their human rights. For example, people with dementia can be excluded from discussions about their care and support and lack the capacity to challenge this exclusion. Under the Mental Capacity Act, a person is presumed to be able to make their own decisions "unless all practical steps to help them to make a decision have been taken without success". Alzheimer’s Society campaigns for robust enforcement of this provision.
End age discrimination towards older people. People with dementia are more likely to be over 65 and, in consequence, can face both ageism and the stigma associated with dementia. For example, older people are often denied access to the full range of mental health services that are available to younger adults. This particularly disadvantages people with dementia who are more likely to be over 65 and require mental health support. There is also widespread assumption that dementia is merely "getting old" rather than a serious disease. This has resulted in unequal treatment for people with dementia, including poor rates of diagnosis and a lack of appropriate services.
also people living with dementia have the right to be free from discrimination based on any grounds such as age, disability, gender, race, sexual orientation, religious beliefs, health status and also directly because of their dementia Please do not Assume everyone with dementia lacks Capacity were are all individuals with a varied abilities
Discrimination
This is where someone treats you worse than others because of your disability. to prove discrimination. You need to show that someone treated you less favourably than a person in the same situation who does not have a dementia . This person is a “comparator”.
What Alzheimer’s Society calls for
End discrimination because of reduced mental capacity. Lack of capacity can make people with dementia vulnerable to discrimination and treatment that contravenes their human rights. For example, people with dementia can be excluded from discussions about their care and support and lack the capacity to challenge this exclusion. Under the Mental Capacity Act, a person is presumed to be able to make their own decisions "unless all practical steps to help them to make a decision have been taken without success". Alzheimer’s Society campaigns for robust enforcement of this provision.
End age discrimination towards older people. People with dementia are more likely to be over 65 and, in consequence, can face both ageism and the stigma associated with dementia. For example, older people are often denied access to the full range of mental health services that are available to younger adults. This particularly disadvantages people with dementia who are more likely to be over 65 and require mental health support. There is also widespread assumption that dementia is merely "getting old" rather than a serious disease. This has resulted in unequal treatment for people with dementia, including poor rates of diagnosis and a lack of appropriate services.
The Mental Capacity Act is vague about who makes decisions for a person who lacks capacity and also vague about who decides whether the person lacks capacity. It is not black and white. Family members may in many cases have the greatest insight into the patient's mental state because they spend far more time with the patient than any professional. What you say is right so far as health decisions are concerned. Decisions about where to live may be both health and financial decisions. My point here is that things are a bit more complicated than you suggest!
I realize this is going away from Original DVLA question now however:
People with dementia who have wealth and resources may attract those keen to exploit them through fraud or theft in most cases from family members
Martin Lewis is
an award-winning, campaigning
TV and radio presenter, newspaper columnist and bestselling author
Financial abuse seems a strange term, yet unfairly depriving someone of their assets garnered through hard work and effort over a life time can be just as destructive as the other forms of more commonly discussed abuse.
We live in a complex consumer society. I’ve spent my career focusing on how to help people save money and campaigning to stop
them being ripped off. This is difficult enough for most people but navigating it when you have dementia is a darker challenge.
It leaves some feeling rage with infuriating obstacles that modern banking and technology put in their way. Some are overly trusting of salespeople’s far-fetched yarns and worst of all others are led into the world beyond that of the criminal, scamster and rogue trade
As this report shows, these issues are particularly pertinent for people with dementia. Shamefully it reveals these vulnerable people are being conned out of at least £100 million. In fact this figure is likely to be much higher as financial abuse often goes unreported. This is money that could be helping them live a good quality of life. It is money that could be used to pay for vital help with washing, dressing or eating and retaining their dignity.
The financial impact of caring for someone with dementia can
be caustic too. Juggling the commitment to work, to care and to pay, what are likely to be increasing bills, is simply too much. While my usual call is that we need to be responsible consumers and borrowers, savvy and aware of what’s going on to get the best deals, as a society we also need to help protect the most vulnerable.
The high levels of financial abuse and the difficulties experienced by people with dementia trying to manage their money have been left uncovered for too long. We need strong measures to prevent people falling victim to scams and ensure the companies and organisations they come in contact with help, rather than hinder.
I am therefore delighted to be able to support this report and look forward to seeing the changes it will inevitably help bring about.
People with dementia who have wealth and resources may attract those keen to exploit them through fraud or theft in most cases from family members
Martin Lewis is
an award-winning, campaigning
TV and radio presenter, newspaper columnist and bestselling author
Financial abuse seems a strange term, yet unfairly depriving someone of their assets garnered through hard work and effort over a life time can be just as destructive as the other forms of more commonly discussed abuse.
We live in a complex consumer society. I’ve spent my career focusing on how to help people save money and campaigning to stop
them being ripped off. This is difficult enough for most people but navigating it when you have dementia is a darker challenge.
It leaves some feeling rage with infuriating obstacles that modern banking and technology put in their way. Some are overly trusting of salespeople’s far-fetched yarns and worst of all others are led into the world beyond that of the criminal, scamster and rogue trade
As this report shows, these issues are particularly pertinent for people with dementia. Shamefully it reveals these vulnerable people are being conned out of at least £100 million. In fact this figure is likely to be much higher as financial abuse often goes unreported. This is money that could be helping them live a good quality of life. It is money that could be used to pay for vital help with washing, dressing or eating and retaining their dignity.
The financial impact of caring for someone with dementia can
be caustic too. Juggling the commitment to work, to care and to pay, what are likely to be increasing bills, is simply too much. While my usual call is that we need to be responsible consumers and borrowers, savvy and aware of what’s going on to get the best deals, as a society we also need to help protect the most vulnerable.
The high levels of financial abuse and the difficulties experienced by people with dementia trying to manage their money have been left uncovered for too long. We need strong measures to prevent people falling victim to scams and ensure the companies and organisations they come in contact with help, rather than hinder.
I am therefore delighted to be able to support this report and look forward to seeing the changes it will inevitably help bring about.
Advising DVLA & sending Form CG1.
My husband has advised DVLA via their web site about his recent diagnosis of Early Stage Alzheimer's. They have replied by email, saying they can't progress the matter via email and that he should ring the number they give for their medical department. Whenever he rings the number, all the lines are engaged! And this week, they are on industrial action!
I know from the DVLA web site there is a questionnaire/ form CG1 that he may need to complete. Does anyone know if it needs to be sent in, IF you only have EARLY STAGE Alzheimer's?
Thank you.
My husband has advised DVLA via their web site about his recent diagnosis of Early Stage Alzheimer's. They have replied by email, saying they can't progress the matter via email and that he should ring the number they give for their medical department. Whenever he rings the number, all the lines are engaged! And this week, they are on industrial action!
I know from the DVLA web site there is a questionnaire/ form CG1 that he may need to complete. Does anyone know if it needs to be sent in, IF you only have EARLY STAGE Alzheimer's?
Thank you.
Hi Helen-D its several years ago I did my fist notification to DVLA still have copy see attached but it 2005 this was a consent form so the DVLA giving permission for DVLA to contact my GP obviously thing could have change today but we still have Data protection Helen-D just as a matter of interest I’m still driving after being diagnosed almost 22 years ago in July so be positive.
I too have been trying to contact DVLA by phone for advice on how and whether to register my husband's (not yet strictly diagnosed) condition and get told they are not dealing with calls - I am logging the date of each time I try. If I felt my husband's driving was dangerous I would make more of an effort (although not sure how - perhaps write a letter?) but as he still drives well and driving is one of the few things he loves that he can do within COVID restrictions I am loathe to risk some tick box response to my informing them of a potential problem (as in a previous post where someone's licence was cancelled and later reinstated). He has his first memory clinic appointment in a week though as it is a telephone appointment I'm not sure if I will get a chance to say anything or if they will consider his driving. My husband is completely blocking the idea that there is anything wrong mentally and was able to renew his driving licence himself online. My feeling is that if the DVLA cannot provide information on how a third party can register an illness and won't respond to phone calls or in your case e-mails I am putting this concern to one side while he is still driving competently. I even contacted the driving assessment organisation directly to see if I could arrange a private assessment but the promised form did not turn up. I could have followed up but I had then realised that he would not go anyway. I know this is all not very helpful to you but at least you know that others have similar problems. My advice would depend on how competent your husband is to drive - you could arrange a private assessment (costs about £80) or your GP/consultant may be able to refer you in which case you wouldn't have to pay. Otherwise I would seek advice from your consultant as to whether he needs to complete the form - the consultant may not feel it is necessary at this stage - it seems from other replies to my original post that if the consultant feels there is a problem they will advise the DVLA or at least tell you that you must inform them. I hope this is helpful and that you will make the most of every day you have while your husband is relatively ok.
Dear Sue. Thanks very much for your detailed reply. It seems lots of people are having difficulty communicating with DVLA ! We have kept copies of the messages we have sent via their web site and also logged when we tried to ring them. My husband is still safe driving and we have advised our car insurance company (no problem with them). He has another appointment with the Memory Consultant a week from now, so we'll see what she says.
Yes, trying to focus on making the most of every day - best way to live really. None of us know what the future might bring. There's always the possibility of that proverbial bus !!
Thanks very much for this. It's very encouraging to hear you are still driving after 22 years. Best wishes.
Helen-D If you worried or concerned about this I suggest you go to DVLA web page :
https://www.gov.uk/report-driving-medical-condition
Select Tell DVLA about your medical Condition :
Tell DVLA about a medical condition that could affect your driving
Start now and complete the form
remember to screen dump or take a photo of every completed page with you information to keep as your record to prove you did exactly as required by Law if the DVLA doesn’t reply well that Not your problem
{ this how I would proceed personally but keep the evidence I had completed their online form
}update
Helen-D the DVLA online does work when i renewed my driving licence on this web site I completed the online form on a Thursday the following Wednesday my new driving licence arrived which I thought was brilliant
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Hi @Sue741215 i am in exactly the same situation as you. My husband had an mri on 23rd december 2020 we saw the Psychiatrist at the memory clinic in february we were told that they suspect Frontal Lobe dementia and hydrocephalus. I have spoken to the gp and the Psychiatrist and they are saying that its a grey area as waiting for PETCT and neurologist. My husband also has untreated sleep apnea and Cardiomyopathy, but not one consultant or gp has yet to say that he is not to drive. We have a neurologist appointment at the end of this month so this question will be at the top of my agenda. In fact when i discussed my concerns with the GP as to if we should be advising the DVLA he asked me if I had any concerns about his driving..
he seldom goes out and if he does only local, the GP said to wait to see the neurologist before a decision is made . So even if I managed to contact the DVLA there is nothing on his medical files to say that he is not to drive!
Again another grey area, it depends on the Epworth Sleepiness score. The lung function consultant said that she was allowing him to drive as he had a low Epworth score , but that it was his responsibility NOT to drive if he was sleepy! She was aware that he had been referred to the Memory Clinic.
