The Mental Capacity Act 2005 provides a framework to empower and protect people who may lack capacity to make some decisions for themselves. The Act also allows people to plan ahead to a time where they lack capacity and to specify who should make deci- sions for them in this instance.

No one knows what tomorrow may bring and preparing a Power of Attorney gives you comfort and control by appointing whoever you wish to look after your affairs. Where there is no Power of Attorney in place the Act states that no one, not even a spouse, can have access to the assets and accounts in the individual’s name. Not even a joint account!