Need Help With Making Decisions?

Transcription

1 Need Help With Making Decisions? Welfare, Health, Finances You can ask for this information in large print, Braille, in audio format or in other languages. Please telephone , or

2 The time may come when you are unable to make decisions for yourself. This could be as a result of illness or injury. It is a good idea to let someone you trust know your feelings and wishes, and make sure they act for you if you become unable to do so.you can do this by appointing someone to have Lasting Power of Attorney. If you have not appointed an attorney and become unable to make decisions, the Court of Protection will appoint a deputy to act for you. Lasting Power of Attorney (LPA) A Lasting Power of Attorney is a legal document that lets you appoint someone to make decisions on your behalf. It can be used if you are unable to make your own decisions. The person you appoint is known as your attorney. There are two types of Lasting Power of Attorney: q Health and welfare q Property and financial affairs. You can choose to make one type or both. Health and Welfare Lasting Power of Attorney This allows you to choose one person, or more, to make decisions about things like: q your daily routine (e.g. what to eat/what to wear) q medical care q moving into a care home q refusing life-sustaining treatment. This Lasting Power of Attorney can only be used when you re unable to make your own decisions.

3 Property and Financial Affairs Lasting Power of Attorney This allows you to choose one person, or more, to make decisions about money and property for you. It includes: q paying bills q collecting benefits q selling your home. You can appoint someone to look after your property and financial affairs at any time. They can act for you while you are still able to make your own decisions, as well as when you become unable to make your own decisions. Who can be an attorney? An attorney can be anyone aged 18 or over, such as a: q relative q friend q professional (like a solicitor) q husband, wife or partner. You can t choose someone who is: q unable to make decisions q subject to a Debt Relief Order q currently bankrupt (if you want them to look after property or money). Setting up an LPA The LPA must be registered with the Office of the Public Guardian. You can get an information pack and the LPA forms from them (details at the end of this leaflet)

4 or download the forms/fill them out online at You may prefer to ask a solicitor to do this for you. There is a fee for registration. You may not have to pay the fee if you are on meanstested benefits or a low income. If you become unable to make decisions and do not have an LPA The Court of Protection may appoint a deputy to make decisions for you if you are unable to make them on your own. A deputy is responsible for making decisions for someone until either the person they act for dies or is able to make decisions on their own again. Types of deputy There are two types of deputy. They look after: q property and financial affairs q a person s health and welfare. You can appoint more than one person to each type of deputy. Responsibilites of a deputy The Court of Protection will tell the deputy about: q their powers and responsibilities. q what decisions they can and can t make. Decisions a deputy can t make A deputy cannot make a decision for someone if the person can make a decision without their help. However, a deputy can still help the person reach a decision.

5 A deputy cannot: w restrain the person, unless it is to stop them coming to harm. w stop life-sustaining medical treatment. w make a will for the person, or change their existing will. w make large gifts out of the person s money. A deputy must: R only make decisions in the other person s best interests. R only make the decisions the court says they can make. R apply a high standard of care when making decisions. R hold any money or property in their own name on the person s behalf. Who can be a deputy A deputy is usually a close friend or relative of the person who needs help making decisions. They must be aged 18 or over. A deputy can also be a professional, such as an accountant or a solicitor. Local authorities are often appointed as a deputy. The Court of Protection can appoint a panel deputy to look after someone s financial affairs if no one else can do this. A panel deputy is someone with specialist knowledge of Mental Capacity law.

6 May 2014 Previous types of Power of Attorney If you have an old-style Power of Attorney, the nominated person may not be able to act on your behalf if you lose mental capacity. There have been many types of Power of Attorney over the years. It is useful to check what type of Power of Attorney you have and whether or not it needs to be registered. Find out more Court of Protection Telephone: Textphone: Office of the Public Guardian Telephone: Textphone: Solicitors for the Elderly Specialists in legal issues affecting older people. Telephone: Age UK Telephone: Gov.UK Website: Contact Bournemouth Adult Social Care Bournemouth Care Direct, Customer Service Centre, Bournemouth Borough Council, St. Stephen s Road Bournemouth BH2 6EB Telephone: caredirect@bournemouth.gov.uk