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New report warns of looming incapacity crises

• 96% of people in the South West leave important health and welfare decisions to chance
• By 2025, more than 13 million people who are at risk of mental incapacity will not be prepared
• 73% would like a family member to make medical and care decisions on their behalf in the event of mental incapacity
• 83% haven't discussed end of life medical and care wishes
• 39% admit to having made no provision for a will, an LPA, a pension or funeral plan
• 76% of people in the South West are worried about dementia and losing the ability to make decisions for themselves
• A coalition of partners are joining forces to warn of ‘incapacity crisis' led by SFE

Local solicitor Laura Staples from Humphries Kirk has joined fellow members of Solicitors for the Elderly to warn of looming incapacity crises. A new report from SFE (Solicitors for the Elderly) and independent think tank, Centre for Future Studies, reveals that the UK is leaving medical and care preferences to chance. The report looks at the ever-increasing number of people living with dementia which, combined with the failure to plan ahead for mental incapacity, exposes a looming crisis.

The study found 96% of people in the South West have not made necessary provision in case they should lose capacity from conditions like dementia. A further 39% admit to having made no provision at all for later life, including a will, pension, funeral plan or LPA.

In response to the study, a coalition of organisations led by SFE - the specialist organisation that connects older and vulnerable clients with legal experts in older client law - are joining forces to encourage people to tackle the taboos around end of life planning in order to prevent an incapacity crisis.

The research found that 76% of people in the South West are worried about dementia and losing the ability to make decisions for themselves, but 83% have not spoken about, or even considered, personal medical care and end of life decisions. Planning ahead is surrounded by worrying misconceptions, especially in relation to health and care preferences.

A staggering 65% of people in the South West incorrectly believe that their next of kin can act on their behalf if they are no longer able, whilst 73% would like a family member to make medical and care decisions on their behalf. Without a registered health and welfare LPA such decisions may be taken out of the hands of such family members.

58% of people believe that being on the NHS organ donor register ensures that organs are donated following death. This is not the case, however, and it is crucial for people to discuss organ donation preferences with family and friends to ensure that their wishes are carried out. Without the necessary provisions in place, potential life-changing medical and care decisions are taken away from loved ones.

There are currently 928,000 Health and Welfare LPAs registered with the Office of the Public Guardian (OPG) across England and Wales, compared to the 12.8 million people over the age of 65 who run the risk of developing dementia - a difference of nearly 93%.

Forecasts show that the disparity will continue, leaving millions in limbo. By 2025, it is calculated that 15.2 million people will be at risk of mental incapacity and it is estimated that 2.2 million health and welfare LPAs will be in place. This suggests that the health and welfare wishes of at least 13 million people may not be taken into account.

Only 4% of Britons surveyed in the South West by SFE have a health and welfare LPA in place.

SFE is urging the nation to act now to avoid this incapacity crisis by planning ahead in case of mental incapacity. The campaign calls on people to act now and start a conversation with loved ones about end of life topics to remove the stigma surrounding the discussion.

Lakshmi Turner, SFE chief executive, commented: "Most of us do not like thinking about, let alone talking about, death, disability or disease, despite the fact that it touches all our lives - but it is essential that we do so.

"Whilst it's great that more and more of us are putting wills in place and establishing plans for finances and assets, far too few of us are planning ahead for our health and care needs and wishes, leaving this to chance.

"It's time to set the record straight. Planning ahead by talking to family or friends shouldn't be seen as doom and gloom, it's about having a positive conversation about welfare, empowering your loved ones and making the decision-making process easier for everyone."

Laura Staples, partner at Humphries Kirk in Crewkerne and fully accredited SFE member, commented: "I have personal experience of this problem as my mother was relatively young when she became terminally ill and was receiving treatment to make her comfortable at the end of her life. My family and I didn't have any Health and Welfare documentation in place as we thought we had time on our side. As she became more unwell and less capable to communicate her wishes, it was increasingly difficult for us, as her immediate family, to know what she would have actually wanted to happen in the instance of each difficult decision that had to be made.

"It would have been a huge benefit and a significant comfort to us all to have a Health and Welfare LPA in place, supported by an Advance Directive, to help and empower us to make the necessary decisions and to know her specific wishes. In fact, each health and welfare decision was left to the medical professionals and we could not influence their decision as we did not have the backing of a registered LPA.

"I endeavour to use this personal experience to the benefit of my clients when advising them about the benefits of making a Health and Welfare Lasting Power of Attorney."

Humphries Kirk has offices in Bournemouth, Parkstone, Poole, Swanage, Wareham, Dorchester, Crewkerne as well as London and has an international network of lawyers. The firm provides legal expertise to private and commercial clients. Visit www.hklaw.eu for further information.

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