Laith Khatib, director and Head of Wills, Probate and Private Client comments on a report which revealed there could be an incapacity crisis looming over our nation.
According to Solicitors for the Elderly:
• 98% of people in Wales leave important health and welfare decisions to chance
• 71% would like a family member to make medical and care decisions on their behalf, in the event of mental incapacity
• 75% haven’t discussed end of life medical and care wishes
• 34% admit to having made no provisions at all, such as a will, LPA, pension or funeral plan
• By 2025, more than 13 million people in the UK who are at risk of mental incapacity will not be prepared
What Do These Statistics Mean?
The new report from SFE 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 Wales have not made necessary provisions, should they lose capacity from conditions like dementia. A further 34% 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 73% of people in Wales are worried about dementia and losing the ability to make decisions for themselves, but 75% 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.
What Rights Does a Next of Kin Have?
A staggering 67% of people in Wales incorrectly believe that their next of kin can specify what they would have wanted if they are no longer able to do so. 71% of the people in Wales 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.
Find out more about this subject in our guide: Next of Kin – What Are My Rights?
What Does the Future Hold?
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 Wales 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.
Avoid the Crisis with Our Help
If you fall into the category of not preparing for your future, don’t worry, it’s not too late. Get in touch with our experienced and friendly asset, wills and probate solicitors. They’ll be happy to discuss the legalities and help you dictate your future.
