The Government has announced its timetable for the introduction of the Act this year. Lasting Powers of Attorney, both those dealing with financial affairs and those dealing with health and welfare matters, will be available from October rather than April as was originally anticipated. The new Court of Protection ,and the public guardian will also become operational in October.
Some other elements of the Act will come into force in April. The Independent Mental Capacity Advocates and, the code of practice to provide guidance on the implementation of the Act and the criminal offenceof ill treatment and wilfull neglect will be in place in April.
If you wish to make an Enduring Power of Attorney, you must do so before Lasting Powers of Attorney become operational in the Autumn. Although an existing Enduring Power of Attorney will be valid, after October you will have to use the new Lasting Power of Attorney format to appoint an attorney to manage your financial affairs.should you become mentally incapable.
If you wish to discuss any aspects of Enduring Powers of Attorney or Lasting Powers of Attorney, please contact
Veronica Cowdrey or
Antonia Sim.