Thursday, October 30th, 2008
There has been a large increase in the number of people taking steps to prepare for a time when they may no longer have the mental capacity to make decisions for themselves.
The annual report of the Office of the Public Guardian (OPG) says that in the last 12 months, three times as many people applied to register powers of attorney as did in previous years. The report says the increase is due to the Mental Capacity Act 2005 which introduced Lasting Powers of Attorney (LPA) as a replacement for Enduring Powers of Attorney (EPA).
The old EPAs allowed people to appoint someone to look after their financial affairs if a time came when they were no longer able to do so themselves. The new LPAs work in a similar way but are broader in scope because they also provide the facility to appoint an attorney who can make decisions on your behalf about health and welfare matters should the need arise.
LPAs have to be registered with the OPG before they can be used. There then follows a 42-day statutory waiting period to allow named individuals to raise objections they may have to the registration. This is one of the key safeguards to prevent LPAs being drawn up fraudulently.
The sudden increase in demand has put pressure on the OPG. Its Chief Executive Martin John said: “The introduction of the Mental Capacity Act has resulted in a high volume of applications to register powers of attorney, a sign that people are increasingly thinking about and planning for their futures.
“Due to the unexpected and considerable demands on our services, we are continually improving our processes and deploying our staff to help manage the workload. We will continue to work closely with customers and stakeholders to make sure that we can deliver the service they expect.”
Please contact Sue Bedwell if you would like more information about Lasting Powers of Attorney.
© Copyright 2008 Burt Brill and Cardens Solicitors