New Report Warns of Looming Incapacity Crisis

04 Jul 2018

Published in: Member News

A new report from SFE (Solicitors for the Elderly) and independent think tank Centre for Future Studies, reveals the UK is leaving medical and care preferences to chance. The report looks at the ever-increasing number of people living with dementia which, combined with the failure to plan ahead for mental incapacity, exposes a looming crisis.

The study found 98% of people in West Midlands have not made necessary provisions, should they lose capacity from conditions like dementia. A further 36% admit to having made no provisions at all for later life, including a will, pension, funeral plan or LPA.


In response, a coalition of organisations, led by SFE - the specialist organisation that connects older and vulnerable clients with legal experts in older client law - are joining forces to encourage people to tackle the taboos around end of life planning, in order to prevent an incapacity crisis.

The research found that 80% of people in West Midlands are worried about dementia and losing the ability to make decisions for themselves, but 81% have not spoken about, or even considered, personal medical and care end of life decisions.

Planning ahead is surrounded by worrying misconceptions, especially in relation to health and care preferences.

A staggering 70% of people in West Midlands incorrectly believe that their next of kin can specify what they would have wanted if they are no longer able to and 69% believe their spouse has the power to do so. 71% of the people in West Midlands would like a family member to make medical and care decisions on their behalf, but this is not the case. These decisions are out of a loved ones' hands if a registered health and welfare LPA is not in place.

60% believe that being on the NHS organ donor register ensures that organs are donated following death; however this is not the case. It's crucial for people to discuss organ donation preferences with family and friends, otherwise it may not happen.

Without the necessary provisions in place, potential life-changing medical and care decisions are taken away from loved ones.

There are currently 928,000 Health and Welfare LPAs registered with the Office of the Public Guardian (OPG) across England and Wales, compared to the 12.8 million people over the age of 65 who run the risk of developing dementia – a difference of nearly 93%.

The forecast shows the disparity will continue, leaving millions in limbo. By 2025, it's calculated that 15.2 million people will be at risk of mental incapacity and it's estimated that 2.2 million health and welfare LPAs will be in place. This shows that the health and welfare wishes of 13 million people will not be taken into account.

Only 2% of people in West Midlands surveyed by SFE have a health and welfare LPA in place. 

SFE is urging the nation to act now to avoid this incapacity crisis by planning ahead in case of mental incapacity.

It is crucial to have a conversation with loved ones in order to make specific medical and care wishes known – such as, where you are cared for, whether you wish to be an organ donor and whether or not you would want to be resuscitated – otherwise there is a risk your preferences are not taken into account.

The campaign calls on people to act now and start a conversation with loved ones about end of life topics to remove the stigma surrounding the discussion. 

Partner and Head of Wills, Tax & Probate, Richard Neea said, ‘I wholeheartedly support the SFE's current initiative regarding the looming incapacity crisis.  People nowadays tend to be aware that they should put things in place for how their affairs are to be managed after their death; however it is becoming increasingly important that we all plan for the eventuality that we will, at some point, become unable to deal with managing our own affairs.  As with most things, preparation is key and I would therefore urge everyone to speak with their professional advisor regarding what steps they should be taking now, to ensure that their wishes are followed and also make things easier for their loved ones.'

Please contact Enoch Evans LLP on 01922 720333, ee@enoch-evans.co.uk or visit their website at www.enoch-evans.co.uk for more information.

Share on Facebook Share on Twitter Share on Linked In

Comments

No comments have been submitted yet.

Post A Comment

You must be logged in to post a comment. Please click here to login.