In life, we never quite know what’s around the corner. According to the latest figures from the Alzheimer’s Society, there are currently some 850,000 people who have been diagnosed with dementia in the UK – a number which it estimates will hit one million by 2025.
Mental health conditions which affect mental capacity, such as dementia, appear to be growing increasingly common in the UK, and brain injuries, strokes and other life-changing injuries can be remarkably unpredictable.
When a person loses their mental capacity, this can naturally have a dramatic impact on their life, as well as on the lives of their friends and family. Perhaps more significantly, however, this can also cause a number of complications when it comes to their ability to make important decisions.
In England and Wales, the Mental Capacity Act 2005 protects people aged 16 and over who have lost mental capacity. The Act enables individuals in this position to make as many decisions as they can for themselves for as long as they are able to.
As many mental health conditions get progressively worse over time, the Act also makes provision for individuals to appoint another person to make such decisions on their behalf – by setting up what is known as a Lasting Power of Attorney (LPA).
Tim Steele, a Partner at Palmers who specialises in Private Client matters, said that families needed to be aware that there are two very different types of LPA available.
“A Property and Affairs LPA enables the person appointed to handle their friend or relative’s financial and property affairs, while those who wish to appoint someone to make welfare decisions on their behalf will need a Personal Welfare LPA,” he said.
Tim said that an LPA could be drafted at potentially any time in order to ensure people are protected against all eventualities. However, he added that it was important for families to seek specialist advice from a solicitor.
“An LPA must be registered before use with the Office of the Public Guardian,” he said.
“A certificate provider must also certify that the person making the LPA fully understands it and the process can be confusing for those who are unfamiliar with it,” he said.
Palmers Solicitors can advise on LPAs and various other Private Client matters. For more information, please contact our South Woodham Ferrers team at enquiries@palmerslaw.co.uk.