Lasting powers of attorney (LPA) could have 'disastrous consequences' for the vulnerable and elderly, it has been claimed.


LPAs, which replaced enduring powers of attorney (EPA) on 1 October as part of the final phase implementation of the Mental Capacity Act 2005, are intended to provide better protection for people without the mental capacity to make decisions for themselves.



But Trevor Lyttleton, a sole practitioner and founder of charity Contact the Elderly, claimed LPAs demand far too much from the consumer.



'It is such a monumental amount of work,' he said. 'Where once you had a four-page document, now you need a 24-page form, a third party [the attorney] has to register and it is all so much more complex. The end result is going to be that very few people are actually going to be prepared to get these LPAs - with disastrous consequences.'



Not all those involved in the care of the elderly agreed with this criticism, however. A spokeswoman for the Alzheimer's Society said: '[The new Act] is about stripping away the stigma of dementia and other conditions. It is a huge step forward and a pivotal moment in our society.'



Richard Brook, the new Public Guardian whose office also came into existence on 1 October, said that his role is to supervise the registration and use of LPAs, ensuring that vulnerable people are not abused, tricked into parting with assets or forced to change their healthcare arrangements. He added that the Act 'codifies best practice'.



Law Society President Andrew Holroyd said: 'We are delighted that our 18 years of campaigning on this issue has resulted in an ethical and progressive piece of legislation.'



See also A lasting legacy (Features)



Jonathan Rayner