The incapacity crisis

Report by the SFE – ‘The incapacity crisis – a nation unprepared’

A recent study has been published by the Solicitors for the Elderly (SFE) which warns that the UK is approaching an ‘incapacity crisis’. The recent study, published in conjunction with the Centre for Future Studies (CFS), highlights the wide gap between the rising number in individuals likely to lose capacity and the number of Health and Welfare Lasting Powers of Attorney (LPA) in place.

Statistics

According to the recent study, this can be highlighted as follows:

• The number of people diagnosed with dementia in the UK increased by more than 50% in the 11 years from 2005/2006 to 2016/2017;
• 12.8 million people 65+ run the risk of developing dementia, yet there are only 928,000 Health and Welfare LPAs currently registered in the UK; and
• By 2025, around 13.8 million people are expected to be at risk, but only 2.2 million Health and Welfare LPAs are expected to be in place.

Furthermore, one common misconception highlighted in the recent study, and that we discuss with clients, is that a staggering 63% of people incorrectly believe that their spouse can make medical and care decisions on their behalf and 65% think a next of kin has the power to do so, should they no longer be able to. However, this in fact is only the case if a registered Health and Welfare LPA is in place

So, what are the options going forward?

Through making a Lasting Power of Attorney, you have the ability to appoint individuals (such as family members, friends, spouses or civil partners, or even a professional) that you Trust implicitly to make decisions on your behalf when you are no longer able to do so yourself.

Moreover, by obtaining specialist legal advice whilst preparing the same it will ensure that any guidance or provisions you wish to include within the LPA can be incorporated correctly to ensure that your wishes and best interests are always at the forefront of your appointed Attorneys mind when making decisions.

And if you do not have a LPA in place…

In the event that you lose capacity without a Health and Welfare LPA in place, family members wishing to apply for the right to make best interest decisions on your behalf would need to apply for a Court of Protection order. This type of order can take a minimum of 4-6 months to complete which leaves members in a period of limbo where they are unable to make decisions on your behalf and securing one can be a complicated process.

Furthermore, accordingly to the report wealth and welfare deputyship orders are very rarely granted and it is estimated that at least 90% are not approved which emphasises even more the importance of preparing for the future in advance.

For further information, please see the full report published by the SFE.

If you would like to obtain advice or guidance regarding preparing Lasting Powers of Attorney, please contact Natasha Thorne on 01908 660966 or email natasha.thorne@franklins-sols.co.uk