New report warns of looming incapacity crisis

By 2025 more than 13 million people at risk of mental incapacity will be leaving medical and care preferences to chance, reveals a new report from SFE (Solicitors for the Elderly) and independent think tank, Centre for Future Studies, exposing a looming healthcare crisis across the UK.

In the South East, the study found 97% of people have prepared for loss of mental capacity from conditions like dementia, with a further 36% admitting to having made no provisions at all for later life, including wills, pensions, funeral plans or Lasting Power of Attorneys.

While 75% of people surveyed in the region said they were worried about dementia and losing the ability to make decisions for themselves, and 71% would like a family member to make them on their behalf, 80% admitted they had not spoken about, or even considered, personal medical and end of life care decisions.

In response, 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 a future incapacity crisis.

The consortium has been established to raise awareness of planning for later life, highlighting the need for registered health and welfare LPAs (only 3% of people in South East surveyed had one in place), so that life-changing medical and care decisions are not taken away from loved ones.

‘It is crucial to have a conversation with loved ones in order to make specific medical and care wishes known,’ explains Andrea Cox. ‘Issues such as where you are cared for, whether you wish to be an organ donor and whether or not you would want to be resuscitated need to be addressed and recorded, otherwise there is a risk your preferences are not taken into account.’

The campaign calls on people to act now by starting a conversation with loved ones about end of life topics to remove the stigma surrounding the discussion.

‘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,’ says Lakshmi Turner, Chief Executive of SFE. ‘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’

Andrea Cox is a Solicitor in the Wills, Probate and Trusts team at Verisona Law. She can be contacted on 023 9224 6719 or by email to andrea.cox@verisonalaw.com


Wills

  • Will drafting
  • Review of existing Wills
  • Advice re provision for children, second families, spouses and civil partners, unmarried partners and other family members
  • Advice re charitable gifts
  • Advice re foreign and business assets
  • Advice re Will trusts
  • Codicils
  • Inheritance Tax advice.

Trusts

  • Advice re Trust creation and ongoing management
  • Preparation of trust deeds and other trust documentation
  • Declarations of Trust
  • Termination of trusts.

Probate and Administration of Estates

  • Advice re the terms of the Will or intestacy rules where there is no Will
  • Obtaining values for the various assets and liabilities in the estate, notifying the various institutions and obtaining all necessary estate information
  • Obtaining a grant of probate or letters of administration as appropriate
  • Dealing with and advice re Inheritance Tax, Capital Gains Tax and Income Tax, liaising with HMRC
  • Notifying and liaising with the beneficiaries of the estate
  • Preparing a deed of variation or a deed of disclaimer in relation to the estate
  • Selling or transferring the various assets due to the beneficiaries
  • Dealing with foreign assets and Wills
  • Advice re estate disputes and claims against an estate

“If it had not been for the EPA I would have had real problems even discussing my mother’s affairs with banks, investment companies, government departments and care providers, much less paying her bills from her account.

“Being able to supply copies of the EPA to the various parties meant they would speak to me and act on my instructions. Without it I would have had to pursue a long, complicated and expensive legal process – at a very difficult time personally.

“I would absolutely recommend planning ahead and making an LPA. It could make a huge difference to your loved ones.”

Paul

“If it had not been for the EPA I would have had real problems even discussing my mother’s affairs with banks, investment companies, government departments and care providers, much less paying her bills from her account.

“Being able to supply copies of the EPA to the various parties meant they would speak to me and act on my instructions. Without it I would have had to pursue a long, complicated and expensive legal process – at a very difficult time personally.

“I would absolutely recommend planning ahead and making an LPA. It could make a huge difference to your loved ones.”

Paul

"We have now received all of the information for the deputyship. We are delighted with the outcome. I would like to take the opportunity to say thank you for your work and support. It was a difficult thing for us due to the circumstances, but you made it easy and that really helped.

Thank you also for the settlement of the account, we are very grateful. I have friends who have Autistic children and adults I will recommend you in the future".

Anonymous


Make an
enquiry