SIMPLIFIED SYSTEM WILL SAFEGUARD DEMENTIA SUFFERERS

One in three people over 65 will die with dementia and many are leaving it too late to appoint someone they trust to make decisions on their behalf.

Latest statistics show that around two million people in England and Wales lack the mental capacity to make decisions for themselves and 15,000 people under the age of 65 have dementia.

But this month sees the introduction of a simplified way to appoint someone to look after things, if you become incapable of doing so yourself.

Lasting Powers of Attorney (LPAs) were first introduced two years ago and they allow individuals to appoint someone to act as their attorney, to deal with their personal welfare or their financial affairs.

The LPA replaced Enduring Powers of Attorney (EPAs) and offered two advantages. Firstly they settled any worry about someone being pressured into the agreement, as an independent person has to certify in the LPA that the donor understands what they are doing and has not been the victim of undue influence.

Secondly, under the old-style EPA an attorney was only authorised to deal with the donor’s finances, but LPAs can be used to cover personal welfare as well.

For health and welfare LPAs, this can include the attorney making decisions on areas such as medical treatment and where the donor lives. The attorney can even be given authority to refuse life sustaining treatment.

Although the launch of LPAs was welcomed two years ago, they have been criticised for their length and lack of user-friendliness. But this week, the Office of the Public Guardian has launched a shorter and simpler form.

Mercers can provide advice on LPAs, and can assist in the preparation and completion of these documents.

For further information contact Guy Barker on 01491 572138 or e-mail gbarker@mercerslaw.co.uk.