Lasting Power of Attorney

Explaining the changes introduced by the The Mental Capacity Act 2005

The Mental Capacity Act 2005 has introduced important changes which affect decision making for the incapacitated. It introduces a new Lasting Power of Attorney which will replace the existing Enduring Power of Attorney, these will now be available from 1 October 2007. Parts of the Act came into force on 1 April 2007 including the introduction of a new criminal offence of ill treatment or wilful neglect.

The main aim behind the legislation is to provide recognition of the individual’s right to autonomy and also to provide further protection for the vulnerable.

The Mental Capacity Act 2005 has made provision for people to choose someone to manage not only their finances and property but also the decision making relating to their personal welfare and medical treatment on their behalf.

The legislation is supported by a Code of Practice which provides guidance and information for those who will be involved in decision making for the incapacitated person.

·         The legislation enables people to plan for future mental incapacity.  One of the main aims behind the legislation was to provide clarification on the law and provide formalisation of established practices. 

·         Life Sustaining Treatment – the legislation provides a variety of protective measures available for the incapacitated person. 

·         Establishment of the new Court of Protection with an increased jurisdiction to cover health and welfare decisions and will also now sit on a regional basis including Leeds. The Court through access to the High Court will be able impose criminal penalties against those who deliberately neglect or abuse a vulnerable person, this is effective from 1 April 2007.

More information:

Code of Practice

Current situation - Enduring Power of Attorney

New situation - Lasting Power of Attorney (LPA)

The new LPA process

Examples of when LPA may apply

Your questions
 

If we can help you with an enquiry on this specific area of law - please contact us today for a free initial consultation.

Email: info@winstonsolicitors.co.uk

Or telephone us on 0113 268 8898 to speak to a specialist solicitor.

If you are calling from outside the area, use lo-call 0845 890 2277. We are open Monday to Friday, 8.30am to 5.30pm.

We look forward to working with you as a Winning Partnership.

Personal Injury Solicitor - About Us - Contact Us - Claims Calculator - Business Law - CICA - Conveyancing - Employment - Endowment - Personal Injury -   
Probate & Wills - Legal News