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Latest News - May 2010
Lasting power of Attorney
More than two years ago we looked at the implementation of the Mental Capacity Act 2005.This brought about significant changes in the law so far as it relates to granting powers of attorney to others to deal with your affairs.
A key change was the replacement of the enduring power of attorney with the lasting power of attorney. We can now reflect on how successful this change has been. Whereas the enduring power of attorney covered just property the lasting power of attorney can include decisions of personal health and welfare which has been welcomed.
This has meant that important decisions about an elderly relatives care can be made within the family instead of by Social Services in the event of mental incapacity. This has clearly been a positive change. On the downside however whereas an enduring power of attorney only needs to be registered when the individual became mentally incapable, the lasting power of attorney must be registered in advance. The new forms were also significantly lengthier than with enduring powers of attorney.
This unfortunately led to more expense in legal and court fees and often delays with registration causing frustration. However from the 1st October 2009 a simplified application form has now come into place. For individuals who are particularly concerned as to a decision affecting their future, personal health and welfare the introduction of the lasting power of attorney has been welcomed.
However when the main purpose of the power of attorney is to deal with property the increased costs and delays in registration make taking the appropriate action a hard choice. All in all the changes are like the proverbial curate’s egg, “good in parts”. We will need to see if further changes come about in the future to improve the situation.