Planning for the Future

Power of Attorney

Many people worry about what will happen if through ill health they can no longer make decisions for themselves regarding financial and property matters. On the 1st October 2007 the Mental Capacity Act 2005 became fully implemented. The act replaces the old Enduring Power of Attorney (EPA) with a the new Lasting Power of Attorney (LPA).

An important change that this new legislation brings is that as well as being able to choose someone to take financial decisions on your behalf as the old EPA allowed, it also allows that person to take welfare and health decisions for you. You do not have to see a solicitor to arrange an LPA, but the issues are complex and far reaching and it may be advisable to seek advice before signing any documents.

EPAs are no longer available after 1st October 2007 although those already made, will still be recognised. Age Concern England has produced a factsheet covering this complex subject. Click Arranging for others to make decisions about your finance or welfare Further information and forms can also be obtained from: The Public Guardianship Office, Archway Tower, 2 Junction Road, London. N19 5SZ. Telephone: 0845 330 2900 or from their website - Guardianship Office

Please note that Age Concern is unable to give legal or financial advice.

Who Decides ?

When someone is deemed to lack capacity an Independent Mental Capacity Advocate (IMCA) will support them and can put them in the heart of the decision making process.

An IMCA will become involved when a person is deemed to lack capacity due to learning disability, mental health, dementia or acquired brain injury and if the person is over 16 and has no one else (other than paid staff) to support or represent them.

The IMCA will make representations about the person's wishes, feelings, beliefs and values and at the same time bring to the attention of the decision maker any other factors that are relevant to the decision.

If you are involved with anyone who is eligible for the support of an IMCA please call 020 7358 7000 to make a referral.