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New Mental Capacity Act law to ‘protect vulnerable in care’

Posted: 12th September 2018   In: Wills, Trusts and Probate

A new law to protect the interests of vulnerable people in care is expected to be in place early next year.

The Mental Capacity (Amendment) Bill will replace the current system known as ‘Deprivation of Liberty Safeguards’ (DoLs).

DoLs are assessments currently carried out on people who do not have the mental capacity to make their own decisions about their care, for example because they are living with dementia. It was criticised by a 2017 Law Commission review for being too complex and bureaucratic.

The government has now developed a new system, known as ‘Liberty Protection Safeguards’.

The reforms seek to:

 It’s claimed the reforms will save local authorities an estimated £200m or more a year.

Many people dread losing the capacity to make decisions for themselves as they get older. One of the best ways to protect yourself in the future is to set up a lasting power of attorney (LPA) now while you are still fit and active.

LPAs enable you to appoint someone you trust to make decisions on your behalf if you lose mental capacity.

The property and finance LPA allows you to appoint someone to look after your financial affairs and the personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive.

Please contact Jonathan King if you would like more information about the issues raised in this article or lasting powers of attorney.


Posted by: Jonathan King
Private Client
Berkhamsted Office