News and Events

The Incapacity Crisis

View profile for Hayley Meskimmon
  • Posted
  • Author

Chances are that many of us will face conditions which limit our ability to make decisions in the future. When someone loses their capacity to take decisions, families and professionals can struggle to determine what they might have wanted to happen in terms of their finances or healthcare.

A survey by Solicitors For The Elderly has revealed the extent to which people rarely think about the possibility of losing mental incapacity and the options involved, despite acknowledging it’s something they worry about.

The importance of talking about 'what if' situations

Discussing medical and care wishes ahead of time ensures that care can be given in accordance with a person’s wishes. Talking in advance about the “what if” situations also allows loved ones to act in an individual’s best interests, and with the assurance they are making the right decisions (even when it comes to fulfilling wishes after death, such as organ donation).

Next of kin means nothing in cases of mental incapacity

Contrary to popular belief, being next of kin means nothing in cases of mental incapacity. The term merely gives professionals a contact in case of death. This common misconception presents significant problems as many people simply do not realise that they need a lasting power of attorney in place. This is why it’s so important to have an open discussion with loved ones about possible future incapacity.

For a no-obligation chat about Lasting Powers of Attorney, contact our Wills and Probate teams at:

Halifax 01422 339600

Huddersfield 01484 483800

Brighouse 01484 710571

Download ‘The Incapacity Crisis ‘report


Contact our experts for further advice