The organisation Solicitors for the Elderly (SFE) has published a study warning that the UK is heading for an ‘incapacity crisis’, with a wide gap between the rising number of people likely to lose capacity and the relatively small number who have arranged a health and welfare lasting power of attorney.

Click below to read the full article published by the Society of Trust and Estate Practitioners (STEP):

Annemarie Swainson, partner and head of Wills, Estates and Trusts, and Joshua Eva, partner, are both full members of STEP.  Caroline Fletcher, partner, is an associate member of STEP and full member of Solicitors for the Elderly (SFE).

Joshua Eva comments: “SFE’s report highlights the importance of putting LPAs in place to cover both one’s property & finances, and health & welfare decisions. With professional guidance the process is not difficult and once in place these documents continue until death. It is important to appreciate that one has to make LPAs when still mentally capable of doing so. Once mental capacity is lost it will no longer be possible to grant LPAs and in that case the only option for someone to be granted authority to act for the incapacitated individual is a very costly and time consuming Court application. This also leaves to chance who will actually be appointed to deal with the individual’s affairs, whereas with an LPA one can choose known individuals who are trusted to take on such important responsibilities”.

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