LPAs help ageing population cope with dementia
13 I 10 I
09
As life expectancy for
both men and women continues to rise year on year, the UK has an
increasingly aging population. Whilst we can now all expect
to live to a greater age, a side effect of this aging population is
a greater incidence of Alzheimer’s Disease and other dementia type
illnesses. There are currently approximately 700,000 people
in the UK with dementia (source: The Alzheimer’s Society), and this
figure continues to increase.
Lasting Powers of
Attorney (LPAs) provide an invaluable legal safeguard in
circumstances, such as the onset of Alzheimer’s, where individuals
lose the mental capacity to make some or all of their own
decisions. By signing a Lasting Power of Attorney, people can
name the individuals they wish to make decisions on their behalf if
circumstances were to arise where they did not have capacity to
make those decisions themselves.
If somebody loses their
capacity to make their own decisions, and no LPA is in place, it is
necessary for an application to the Court of Protection to be made
for a Deputy to be appointed to manage their affairs. This
can be a complex and lengthy procedure, and may result in the
appointment of a person who would not necessarily have been chosen,
or who does not know the individual’s specific wishes, to make
decisions on their behalf. This process can be avoided by the
signing of an LPA.
LPAs were introduced in
October 2007, following the implementation of the Mental Capacity
Act 2005, and replaced the old Enduring Powers of Attorney
(EPAs). Originally found by both the individuals wanting to
put the documents in place (donors), and the legal practitioners
dealing with their preparation, to be lengthy, unwieldy forms, LPAs
were revised on 1st October 2009 and, whilst still
comprehensive, the forms are now far more manageable and
straightforward to follow.
The Property and
Financial Affairs LPA enables individuals to appoint attorney(s)
who may deal with matters such as the payment of their bills and
the management of their property and investments, either in
circumstances where they are unable to make these decisions
themselves, or where they would, for example, simply prefer to
relieve themselves of the burden of making such decisions.
The Health and Social Welfare LPA allows the donor to empower their
attorney(s) to make decisions regarding their care and medical
treatment, but only in circumstances where the donor is unable to
make such decisions. The documents are designed to enable
individuals to provide guidance to their attorneys as to their
specific wishes regarding the decision-making process. A
specialist practitioner in this field will be able to prepare an
LPA tailored to the individual’s needs, and to act as their
“certificate provider”, certifying the LPA to confirm that they are
fully conversant with its terms.
Before they may be used,
LPAs must be registered with the Office of the Public Guardian
(OPG). A recent study by the OPG found that, in the six
months following the introduction of LPAs, 47% of the LPAs
submitted to the OPG for registration were completed by individuals
aged in their eighties, and only 3% were completed by people aged
below fifty. This is, of course, consistent with the increased
concern that dementia may occur in the later years, and the fact
that it may still be possible for those with the early stages of
dementia or Alzheimer’s disease to put in place LPAs, provided they
still have the necessary level of mental capacity.
Notwithstanding this, it should not
be left until the last minute to consider preparing an LPA.
By the time a diagnosis of dementia or Alzheimer’s disease has been
made, it may be too late, as the individual may have lost
capacity. Furthermore, not only are LPAs vitally important in
cases where individuals may be losing capacity, but the documents
can also prove useful in any circumstances where people become
suddenly unable to deal with their affairs, as with stroke
victims.
Regardless of a person’s age and
state of health, it is reassuring to be able to take steps to
ensure that their interests are safeguarded, whatever is around the
corner. Whilst particularly relevant to the elderly and those
with concerns about possibly losing capacity in the future,
therefore, LPAs should be nonetheless be considered by
everyone.
