Latest news with #MentalCapacityAct2005
Yahoo
21-05-2025
- Health
- Yahoo
I have power of attorney, now what?
Taking on the role of power of attorney for a loved one can be tough – if you need to act on their behalf it will mean that person no longer has the capacity to make decisions for themselves. But by understanding your role and responsibilities, you can at least make things a little easier for all parties. Helen Strong, lead solicitor in the private client department at law firm BTTJ, said: 'A lasting power of attorney (LPA) is a legal document that allows a person to appoint someone, an 'attorney', to make decisions on their behalf if they become unable to do so.' One or more trusted persons, such as family members or friends, can be nominated. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This can be done at any time. Here, Telegraph Money explains what you need to do after taking on the responsibility of power of attorney. Responsibilities as an attorney Health and welfare power of attorney Property and financial affairs power of attorney Who to notify that you are an attorney How long power of attorney lasts. Should you need to act on behalf of the donor – that is, the person who appointed you as their attorney – there are a number of responsibilities you'll be taking on. These include: Being able to demonstrate that the donor consents to you acting on their behalf. Making choices about the donor's healthcare arrangements, or staying on top of their day-to-day finances. Stepping in if the donor is at risk of being a victim of scammers. Taking action if you need to use the donor's assets to help pay for their care. The most important thing you must keep in mind as an attorney is your duty to protect the wishes of the donor throughout their lifetime. Heledd Wyn, a TEP (trust and estate practitioner) and partner at Rothley Law, said: 'You have to act in the best interests of the person who has appointed you. You must also have regard for the Mental Capacity Act 2005.' You can read more about what's involved in being an attorney at Ms Wyn added: 'It is important people understand their responsibilities as attorneys, and that they keep records of transactions, such as everything they have spent money on – and why.' Your responsibilities may vary depending on which type of LPA you have been granted – there are two, and you may have been appointed to cover both. This type of LPA enables an attorney to make decisions about health, personal and medical matters. It can be very wide-ranging: It covers aspects of day-to-day life, such as where a patient lives, what they eat, how they dress and who can visit them. It can cover decisions about their medical treatment, dental and optical care. It can even include matters of life and death, such as issuing 'do not resuscitate' orders. Ms Strong said: 'Anyone taking out a health and welfare LPA can decide to give their attorneys the power to consent or refuse 'life-sustaining' medical treatment.' Note that this LPA only takes effect once the donor has lost mental capacity or cannot express their own wishes and feelings. It must be correctly registered with the OPG before an attorney can use it. This type of LPA allows an attorney to make a range of decisions about the donor's finances. This might include: Managing bank accounts. Paying bills. Collecting their pension. Buying and selling property, or renting it. Making investment decisions. Unlike a health and welfare LPA, this type can be used, or 'triggered', as soon as it's registered, provided the donor has given their permission. This is the case even if the donor still has capacity. Ms Strong said: 'A property and financial affairs LPA can either be used immediately – or when the donor no longer has the ability to make financial decisions.' It is down to the donor to specify this. If the LPA is being used to make decisions about the donor's finances or property, you may want to notify certain relevant parties, such as: The donor's bank. Their mortgage provider. Their landlord. If you're using the LPA when making choices about the donor's health and welfare, you may need to notify: The individual's friends and family. Their doctor and other health-care staff. Their care workers, social workers or other social-care staff. Once an LPA has been registered with the OPG, it then lasts indefinitely, unless one of the following happens: The donor dies. The donor chooses to revoke it (they must still have mental capacity at this time). The attorney becomes incapable (if they lose mental capacity, pass away or choose to no longer act on behalf of the donor). Assuming none of these things happen, a person's LPA will continue to operate, with you, as the appointed attorney, making decisions as required. Ms Wyn said: 'An LPA usually lasts until the donor passes away or revokes it. If the attorney dies before them – and there are no replacements named – the donor must inform the OPG.' The donor must then choose someone else to be an attorney, providing they have the capacity to do so. This will mean setting up a new LPA. Ms Wyn added: 'The donor can also decide to revoke their LPA if they change their mind for any reason. Further, the OPG may cancel an LPA if someone has mis-used it.' This last point highlights just how important it is to choose the right attorney who can be trusted to make good decisions. Sarah Coles, head of personal finance at Hargreaves Lansdown, said: 'Be sure to choose someone you trust to make decisions for you, as these individuals will be the ones who have to step in if you eventually lack the mental capacity to make choices yourself.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Leader Live
17-05-2025
- General
- Leader Live
Concerns over the future of adult autistic daughter
When my autistic daughter reaches 18 will I still be able to make decisions for her? Q: I am a single mum with an autistic daughter aged 17. She is physically able but is non-verbal and will never achieve the mental capacity of an adult. I have taken care of her on my own and fought for her rights all her life. I am now worried what will happen when she reaches 18. Will I still be able to have a say in what happens to her? And what will happen about her financial affairs and wellbeing if something happens to me? A: Once an autistic child in England and Wales turns 18 they become an adult and legally your parental responsibility ends, meaning you no longer have automatic rights to make decisions about their care, education or finances. Until it is formally established through assessments that as an adult your daughter lacks mental capacity to care for herself and make decisions, it will however be deemed that she can make her own decisions about all aspects of her life. Under the Mental Capacity Act 2005, mental capacity is 'decision specific', So your daughter would need to be assessed in respect of every aspect of her life where she requires help and support in decision-making. In her case it seems likely a Deputy would need to be appointed, which could be you. A Deputy is someone given authority by the Court of Protection to make decisions for a person who lacks capacity. It would ensure your daughter receives the continuing care and provision she needs. You can apply for a Deputyship Order for your daughter's Property and Financial Affairs and/or her Health & Personal Welfare. More than one Deputy can be appointed, to act jointly or severally. There are many issues you will need to consider when seeking to obtain a Deputyship Order, including Education, Medical Services, Income and Finances, Living Arrangements, Safety, Decision-Making and Vocational & Other Services. This may seem overwhelming, but a solicitor can help with all of it. • This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
Yahoo
11-02-2025
- Health
- Yahoo
Depressed people who are terminally ill could be eligible for assisted dying
Depressed people who are terminally ill could get medical help to end their lives after MPs rejected proposals to tighten legislation on assisted dying. On Tuesday, MPs scrutinising Kim Leadbeater's private members' Bill voted down amendments designed to stop people taking life-ending decisions if their judgment is impaired by mental disorder. The Labour MP for Spen Valley had proposed changing the law so that mentally competent, terminally ill adults with six months to live were able to receive an assisted death. However, her draft legislation – The Terminally Ill Adults (End of Life) Bill – relies on a definition of mental competence in the Mental Capacity Act 2005 regarded as 'not sufficient' for such a profound decision by the Royal College of Psychiatrists (RCP). It comes after Ms Leadbeater was accused of 'watering down' assisted dying protections after proposing to scrap the requirement for a High Court judge to approve each assisted death – a safeguard critical to securing support at the Bill's second reading, when MPs voted 330 to 275 in favour. Critics of the proposed change have claimed that it represents a 'slippage' in the safeguards, and has thrown the future of the Bill into doubt. One MP who previously backed the Bill said that they would need further reassurance that the panel system 'will amount to a strengthening of the safeguards, not a weakening'. They said that while they were 'still minded to support the Bill', they wanted to be 'sure on the detail' and were concerned about the regulation and 'accountability' of the change. Meanwhile, some supporters have said that they believe that the input from other professionals, such as social workers and psychiatrists, will make the safeguards even stronger. The Bill passed the previous stage in the Commons with a majority of 51, and only needs 28 MPs to change their minds for it to collapse. A group of 10 Labour MPs, who all voted against the Bill, issued a statement warning that the legislation had 'fundamentally changed' and that 'proponents of the Bill have changed their argument'. The MPs, including Dame Meg Hillier, added: 'Each MP voted at second reading with a promise of High Court scrutiny of each application for assisted dying. 'Supporters of the Bill insisted that it was a key part of the protections for vulnerable and marginalised people'. In written evidence at the Bill committee on Tuesday, the body representing psychiatrists pointed out that someone with cancer and depression 'may have clinical depression which is influencing their wish to die but be determined in accordance with the [Mental Capacity Act] as having capacity to decide to end their own life and therefore eligible for [assisted dying]'. The RCP added: 'While they may be capacitous, they might feel differently at a future time if provided with appropriate interventions and support to treat a co-occurring mental disorder.' To address these concerns, Sarah Olney, a Liberal Democrat MP, suggested replacing the word 'capacity' with 'ability' in the legislation, a move she said would help doctors to better gauge someone's eligibility for assisted death. Ms Olney told MPs: 'If they are only partially able to [understand, retain and weigh information] they will still be considered to have capacity under the Mental Capacity Act. So it is not a safeguard to protect a terminally ill person who happens to be suicidal due to depression.' However, on Tuesday afternoon, MPs on the bill committee voted 15 to 8 against the proposals, with both ministers on the committee – Stephen Kinnock and Sarah Sackman KC – opposing the amendments. Ms Olney's amendments focused on preventing terminally ill patients with co-occurring mental illnesses, such as depression or personality disorders, from qualifying for assisted dying, out of concern that these conditions could affect their decision-making. Some psychiatrists, researchers and MPs also worry that women with anorexia could qualify for an assisted death if their eating disorder, or the physical consequences of starvation, is considered to be a terminal illness. The decision to reject Ms Olney's amendments was arrived at despite an appeal from Daniel Francis, a Labour MP, who told the committee that his experience caring for a child with a learning disability had taught him that doctors' understanding of mental capacity was not infallible. He described a 'constant daily battle' with healthcare professionals who repeatedly assume his child 'has more capacity than she has or less capacity than she has'. The MP for Bexleyheath and Crayford said doctors called 'all the time' asking to speak to his daughter, despite her medical notes clearly stating she is an 11-year-old girl who can speak only 12 words, who has a severe sight impairment and other complex conditions including cerebral palsy. 'Therefore I do query how well some aspects of the Mental Capacity Act are currently being carried out,' he said. He added: 'I absolutely understand that somebody at the end of their life should have the autonomy and choice to make decisions, but if that comes at the price of one person where an [assisted dying] capacity decision is made on their behalf, then it is one death too many.' On Monday night, Ms Leadbeater announced a plan to change the Bill, effectively replacing the judge's role in the legislation with an expert panel. She argued it would be a 'change for the better' and would actually strengthen safeguards. However, opponents of the legislation have argued the opposite amid a growing backlash. James Cleverly, the Tory former home secretary who voted against the Bill when it cleared its first major parliamentary hurdle in November, wrote on social media: 'The protections that were promised in the assisted dying Bill are being watered down even before this becomes law. 'This Bill is being rushed, it is not properly thought through, none of the concerns raised at second reading have been addressed.' Other opponents also voiced concerns. Diane Abbott, the veteran Labour MP who also voted against the Bill, wrote on social media: 'Safeguards on the assisted dying Bill are collapsing. Rushed, badly thought-out legislation. Needs to be voted down.' Danny Kruger, a Tory MP and vocal opponent of the Bill, said MPs would have rejected the legislation in November if it had included Ms Leadbeater's new plan. Broaden your horizons with award-winning British journalism. 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