UK:
Dignified Treatment In Old Age
27 July 2013
Bircham Dyson Bell LLP
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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.
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