BONALLACK & BISHOP -SALISBURY LAWYERS - PRESS RELEASE

October 2007

Salisbury law firm raise concerns about new powers of attorney

On October 1st, the Mental Capacity Act brought about wholesale changes in the ways individuals can appoint other people, often friends or relatives, to look after their financial and property affairs and/or personal welfare if they become incapacitated.

“Simple Enduring Power of Attorneys (EPA’s) have now been replaced by much more complicated Lasting Power of Attorney (LPA) “explained Jane Davey, a Wills and Probate specialist at local solicitors Bonallack and Bishop. Jane continued "there are real concerns amongst solicitors, social services and other agencies that these new changes will result in significantly less protection for those highly vulnerable people who either for a limited period of time, or permanently , are simply incapable, physically or mentally, of managing their own affairs. Sadly there has been very little publicity about these wide ranging changes.

The new LPAs are so much more complicated, the form alone is 25 pages long compared with only 3 or 4 pages for the old EPA. An LPA will take considerably more time to prepare and must be registered before it can be used, therefore making it far more expensive. Anyone taking on a power of attorney under the LPA is required by law to be familiar with the Mental Capacity Act and the code of practice - which is staggeringly almost 300 pages long. There are real worries that with such responsibility, people simply won't agree to take on the role of an attorney and that many people simply won't be able to afford an LPA. Many of us, if incapacitated, could really do with someone to look after our affairs - whether you are a business owner or just a householder, if you are incapacitated and without a valid power of attorney, operating your bank account and paying everyday bills becomes almost impossible. Elderly people living alone and those with mental health problems are particularly vulnerable groups. Thankfully at least those EPAs completed before October 1 will remain valid. "

Jane, the firm's expert on the subject, recently delivered 2 training seminars in Salisbury and Andover for Social Services, Age Concern and the voluntary sector on changes brought about by the new Act. One of those attending the Salisbury seminar, Deborah Miles from Age Concern Salisbury, commented,

"To compact training on such a complex subject into two hours and still present all the main points in a way that people can understand takes some doing. Jane Davey rose admirably to the challenge and I have no hesitation in recommending this training to advisors."

Bonallack and Bishop plan for Jane Davey to deliver further seminars in the New Year about how the Mental Capacity Act is working in practice and how both individuals, social services and the voluntary agencies would be best placed to deal with the problems that have arisen.

If you would like a copy of the training notes prepared in collaboration with age concern following the seminar or you would like to be invited to the next seminar please contact Liz Granville-Sharpe.

For further information about probate services, visit our specialist Probate UK website.