With advances in medical
science and consequently
our health,we are all living
longer. Life expectancy is
now 83 for women and 79
for men.A report issued by Age UK in
December 2015 confirmed that the number
of people over 85 in the UK is predicted to
more than double in the next 23 years to
over 3.4 million. 1 in 5 people alive today will
live to see their 100th birthday.The statistics
are great news for those who remain fit and
healthy and have a long list of places they
wish to see before they die.
Unfortunately, the reality is that later life
brings a risk of dementia,which is now more
likely to affect people in later life than some
cancers, cardiovascular disease or stroke.
850,000 people are estimated to be living
with dementia in the UK, of whom 773,502
are aged 65 years or over. By 2025, the
number is expected to rise to 1.14 million.
Is our legal system equipped to deal with
the consequences of the ageing population?
The Court of Protection is the court with
responsibility for the property, financial affairs
and personal welfare of people who lack
mental capacity to make decisions for
themselves.The court is vastly overstretched
and the recent cutbacks are not helping.
Applications in the Court of Protection are
up year on year. The vast majority involve
property and affairs matters.
So what can we do to avoid contributing
to the growing problem? Obviously plan for
the future. It sounds so simple but it’s not
something that we as a population are very
good at and it’s understandable. It is human
nature not to want to talk about these things
and the statistics speak for themselves as
more than two thirds of
us do not have a will.
However, it’s not just
making a will that is
important as that only
deals with your assets
after death.
Making a Lasting Power of Attorney
(referred to as an LPA) is just as important as
making a will and it is something that we
should all consider doing. It is a legal
document which gives you some control over
who should manage your financial affairs
should you have an accident or succumb to
an illness which means that you lack the
mental capacity to look after your own
affairs. If there is no LPA in place there can be
a lengthy delay during which time the affairs
of the injured or ill person can get into
difficulties if nobody has authority to deal
with them. An LPA can help to minimise
stress and anxiety for family members at a
difficult time. LPA registrations are thankfully
increasing. There was a 34 per cent increase
in LPA registrations between 2013 and 2015.
However, as a solicitor dealing with will,
trust and estate disputes, I know only too
well that even if people do plan for the
future, things do not always go smoothly. I
have frequently encountered disputes over
LPAs. Disputes may arise in a number of
situations. When a person makes an LPA,
key family members are notified and this can
lead to objections by family members who
may try to argue that the proposed Attorney
is not a suitable person. It may be that the
person objecting just wants to have control
over their family member’s financial affairs
themselves,whether that be for innocent or
cynical reasons.Disputes can also arise once
an LPA has been registered if a person
suspects that an Attorney is in fact not acting
in the best interests of the person whose
financial affairs they are looking after.This can
range from innocent mistakes or
recklessness, to full financial abuse.
The Office of the Public Guardian has
responsibility for investigating complaints
about Deputies or Attorneys but an
individual can also make an application to the
Court of Protection to remove a Deputy or
Attorney if they think that they are not
complying with their duties. If you are
concerned about the financial affairs of a
friend or family member or your family is
engaged in conflict caused by any of these
issues, then it may be possible to take legal
action to change the status quo.That may
involve changing their Attorney or possibly
having a lay or professional Deputy appointed.
It is often possible to resolve these issues
without expensive Court action and
mediation may be appropriate.
If you would like to discuss any of the issues
raised or would like more advice please contact
Paula Myers on 0113 394 6832 or email paula.myers@irwinmitchell.com.
For general enquiries
0808 291 3524
Or we can call you back at a time of your choice
Phone lines are open 24/7, 365 days a year
