The
Act was endorsed by many mental health and older people charities and
groups and covers decision-making for people who may lack the ability
to make decisions for themselves. It provides protection for some of
the most vulnerable people in society and provides a clear legal
framework within which care, support and medical treatment can be
provided for people who lack capacity. The Act also offers
people the option to plan ahead for a time when they may not be able to
make decisions by making a Lasting Power of Attorney, which replaced
the previous system of Enduring Power of Attorney. The Office of the
Public Guardian registers Lasting Powers of Attorneys before they can
be used. Registration includes a 42-day statutory waiting period that
allows named individuals to raise any objections to the registration.
This is one of a number of key safeguards built into the process to
help ensure that Lasting Powers of Attorneys have not been drawn up
fraudulently.