Pictured above: (l-r) Mandy Roper (Office of the Public Guardian), Ian Cranefield (Berryman) and Amanda Gale (Berryman and co-founder of the MCA Forum)

The growing numbers of over 65's in the UK and their health and wellbeing, especially if they lose mental capacity, is the responsibility of both professionals and family, according to speakers at the Nottingham Mental Capacity Act (MCA) Forum, which was attended by 90 professionals from across the East Midlands.

"Awareness of the issue of 'elder abuse' is certainly growing within the population. But there is still a lack of understanding of the importance of documentation including Lasting Powers of Attorney, to protect their welfare in the event of them losing mental capacity," said keynote speaker Amanda Gale, a specialist in dealing with mental capacity issues and a solicitor within the Healthcare team at Nottingham law firm Berryman and one of the founders of the Forum.

"Abuse of the elderly covers neglect, financial, psychological, physical and sexual, and according to a recent survey conducted by the charity Action on Elder Abuse, 2.6 percent of those aged over 60 are abused by someone in a position of trust and 1 in every 25 of those over the age of 66.

"The Forum is designed to create an environment to discuss and debate the issues surrounding mental capacity, in particular the current and potential effects of the Mental Capacity Act. This event followed the theme of 'Elder Abuse', and highlighted much of the great work people are doing to address this and support the elderly and seriously ill, but it reinforced there is still some way to go before those professionals dealing with the Mental Capacity Act and its issues, as well as the public, understand the day-to-day impact and responsibilities of caring for the elderly and those suffering from mental incapacity," she said.

Mandy Roper of the Office of the Public Guardian (OPG) in Nottingham spoke of the need for more knowledge and awareness: "Currently there are in the region of 30,000 Deputyship cases in supervision and numbers are on the increase. There is still a real misunderstanding of what Lasting Powers of Attorney and Enduring Powers of Attorney are and why they are important, and raising the awareness of the importance of these is high on the OPG's agenda. There is also misunderstanding about the fundamental difference between a Deputyship - which is when the individual has lost capacity and the Court appoints a Deputy to manage the incapable person's affairs - and Powers of Attorney. 

"The Forum aims to improve understanding amongst those dealing with the Mental Capacity Act and the issues it covers. Whilst this latest event highlighted a need to improve knowledge in this area, the Forum is a great step in the right direction in addressing these issues, to improve understanding, share best practice and information, and indeed personal development and awareness."

Amanda Gale adds: "The Forum presents a unique opportunity for all those dealing with the implementation of the Mental Capacity Act 2005, as part of their roles. This, our second event of 2010, which attracted a record number of delegates and included representatives from the local authorities, care homes, social workers, GPs and care providers. The feedback from the event was excellent."

Ian Cranefield a personal litigation specialist at Berryman, highlighted additional the findings of the UK Study of Abuse and Neglect of Older People carried out by Action on Elder Abuse (AEA) in 2007. This indicated that neglect was perceived to be the fastest-growing type of elder abuse, whilst financial abuse continues to increase year-on-year.

The AEA operates a national helpline Tel: 0808 808 8141. For more information about the charity, visit www.elderabuse.org.uk.

The MCA Forum is supported by the Department of Health, Nottingham City Council, The Office of the Public Guardian, Radford Care Group and Berryman. The next MCA Forum will be held in Nottingham in October. For more information, Tel: 0115 945 3758. 

Berryman is a Midlands' law firm based in Nottingham, which provides an extensive portfolio of legal services within four key areas: Business Services, Property & Construction, Insurance Services and Private Client. It employs over 130 people and has 18 partners.  For more information, T: 0845 310 7200, or visit www.berryman.co.uk