The Mental Capacity Act 2005
The Mental Capacity Act 2005 for England and Wales was due to come into effect in April 2007, but this has now been delayed until October. It is designed to both empower and protect those who lack mental capacity. Previously this has involved drawing up an Enduring Power of Attorney, but you will no longer to be able to do this after 1 October 2007, although all existing Enduring Powers of Attorney will continue to be valid after that date.
From 1 October 2007 anyone wishing to appoint someone to act on their behalf should they lose mental capacity will need to apply for the new Lasting Power of Attorney (LPA). There are two types of LPA:
- Property and Affairs
- Personal Welfare
There are many differences between an Enduring Power of Attorney and the new Lasting Power of Attorney, full details of which are available on the Public Guardianship Office's website at www.guardianship.gov.uk.
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Please note that long term care insurance products cannot be purchased through this site. Lifetime Care Products are only available via financial advisers.
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