• 96% of people in the South West leave important health and welfare decisions to chance
• By 2025, more than 13 million people who are at risk of mental incapacity will not be prepared
• 73% would like a family member to make medical and care decisions on their behalf, in the event of mental incapacity
• 83% haven’t discussed end of life medical and care wishes
• 39% admit to having made no provisions at all, such as a will, LPA, pension or funeral plan

Nick Latimir, a solicitor for jBwills and Probate Manager at sister firm RRL, the Cornish firm of Chartered Accountants and Chartered Tax Advisers, has warned of an impending incapacity crisis, as people fail to put the necessary provisions for mental incapacity in place with a lasting power of attorney (LPA).

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 for mental incapacity, exposes a looming crisis.

The study found 96% of people in the South West have not made necessary provisions, should they lose capacity from conditions like dementia. A further 39% admit to having made no provisions at all for later life, including a will, pension, funeral plan or LPA.

The research found that 70% of people in the South West are worried about dementia and losing the ability to make decisions for themselves, but 83% 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 65% of people in the South West incorrectly believe that their next of kin can specify what they would have wanted if they are no longer able to and 61% believe their spouse has the power to do so. 73% of the people in the South West 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.

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 4% of people in the South West surveyed by SFE have a health and welfare LPA in place.

jBwills are calling on people to act now and start a conversation with loved ones about end of life topics to remove the stigma surrounding the discussion.

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.

jBwills has recently relocated to a new office in Penzance, and with Nick Latimir joining earlier this month, the team now comprises of two Solicitors, a Chartered Legal Executive and an associate member of the Chartered Institute of Legal Executives.

Nick Latimir, Solicitor at jBwills Limited, said:

“While most of us understandably do not like talking about death or illness, it is vital that people have these conversations with their family and make sure that the proper legal frameworks are in place. Having an LPA and a will in place ensures less stress for your family at what is already an incredibly stressful time.”

For more information about jBwills Limited, visit: http://www.jbwills.co.uk/

To download the report, a short video and infographics, visit https://sfe.legal/the-incapacity-crisis-a-nation-unprepared/