The proposed legislation is to be welcomed. Currently, the courts must decide on who can act as guardians for those who have become unable to manage their lives - including day-to-day matters, money issues and so on. But disputes can occur. Particularly, when money is involved, close ones can sometimes feud. A 'lasting power of attorney' can avoid this by allowing people to designate a trusted person to take care of things. But such powers can be very wide, despite numerous details in the proposed law on what a guardian can and cannot do. Human nature being what it is, there is always the possibility of abuse of power. While an official called a Public Guardian will be appointed, who (among other things) will investigate complaints, for example that the best interest of the incapacitated hasn't been looked after, practical preventive measures against abuse of power by guardians is a good idea. But the key here will be to seek a balance: a sufficient level of oversight while not over-burdening guardians with too many reporting requirements. Indeed, it is clear that some incapacitated people today have their affairs taken care of by friends and relatives in ad hoc arrangements. It is likely these will continue even after the proposed law comes into effect because not all will want these matters to be settled formally. To encourage lasting powers of attorney, guardians will have to be assured that complying with rules won't be onerous.

It isn't pleasant to contemplate being incapacitated. But making advance preparations will ease difficulties for relatives and friends in case the unthinkable happens, and protect a person's interest in more or less the way he or she wishes it. Like insurance, the vast majority of people won't ever need to have a lasting power of attorney exercised. But also like insurance, it's good to know it's there.