Recent heartbreaking stories in the media about the cruel and undignified treatment in hospital of some elderly patients, often near the end of their life and confused with dementia, have shone a spotlight on the position of the vulnerable in circumstances such as these.

Many readers will have wondered whether there is something that they can do to ensure that this could not happen to their parents or other relatives, or even to themselves.

For many years it has been possible to make an Enduring Power of Attorney (EPA) to enable a trusted relative, friend or professional adviser to deal with financial affairs in the event of mental incapacity. Over the years, making an EPA (like making a Will) has for most people become a routine part of having one's affairs in good order.

In 2007 the situation changed. Existing EPAs continued to be effective but since then new powers for financial affairs have been dealt with under a Lasting Power of Attorney (LPA) for Property and Financial Affairs, and an important additional type of LPA, a Health and Welfare LPA, was introduced.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.