Managing Finances after Brain Injury

Size: px
Start display at page:

Download "Managing Finances after Brain Injury"

Transcription

1 Managing Finances after Brain Injury

2 After a brain injury a person may lack the ability to manage their financial affairs permanently or temporarily. The law makes a number of provisions for these situations and this area of the law is overseen by the Court of Protection. What is the Mental Capacity Act for? The Mental Capacity Act (MCA) supports people to make their own decisions. It also gives legal protection if someone else has to make a decision for a person who lacks the capacity to make the decision for themselves. The Act provides guidance on how to decide if someone has capacity to make their own decisions.

3 What assumptions does the Act make? The Act assumes the person continues to have capacity to make decisions unless there is strong reason to believe otherwise. The Act states that a person may have the capacity to make one sort of decision but may lack the capacity to make another sort of decision. For example they could have the capacity to make decisions about their hospital treatment but lack the capacity to manage their finances. Who decides if someone has capacity to manage their finances? Ultimately only a court can decide but the courts normally take advice from health professionals so ask those involved with your family member. What conditions does the Act make? Anything done for, or decided on behalf of a person who lacks capacity must be done in their best interests. Anything done for, or on behalf of a person who lacks capacity should be the option that least restricts that person s basic rights and freedoms but it must still be in their best interests. Managing Finances after Brain Injury

4 How do you decide what is in the person s best interests? The person s past and present wishes and feelings, beliefs and values must be taken into account. Any written statements previously made by the person must be taken into account. Anyone who has been named by the person lacking capacity as someone who should be consulted, must be this might include a friend, relative or advocate for example. The views of others who have an interest in the person s welfare, such as close relatives, friends, or staff providing support to the person must be consulted. The views of the person concerned must be taken into account even if they lack the capacity to make the decision.

5 Can anyone else manage someone s financial affairs if they are unable to? It is important to remember that outside of the arrangements below no-one else has the right to make financial decisions on behalf of someone who lacks capacity, regardless of their relationship to them. However, if you have a joint account or jointly own property with someone who lacks capacity you can still control these in the normal way. If you sell the property remember that the person who lacks capacity will still have a right to 50% of the proceeds. Lasting Power of Attorney (LPA) this enables a person to appoint someone (called an Attorney) such as a close relative to make certain decisions (which could include financial ones) on their behalf they can choose whether they want the Attorney to make decisions when they still have capacity or only when they don t have capacity. However they cannot appoint an Attorney if they do not have the capacity to do so. Managing Finances after Brain Injury

6 General Power of Attorney can be used where a person has the capacity to understand that they are giving someone else the power to manage their affairs and the implications of this. The Court of Protection can appoint a Court appointed Deputy who then has the power to make financial decisions on someone s behalf if they lack capacity. The Deputy is accountable to the Court and it charges fees for this. Appointeeship - Someone can be nominated as an appointee of the Department of Works and Pensions (DWP) and have the power to manage a person s welfare benefit payments, when the person does not have the capacity to do so themselves. Appointees are covered by different laws but must follow the MCA principles. You need Form BF56 to apply for this.

7 Trusts For those who have received money in compensation for their brain injury the Court of Protection can allow the family along with a professional to manage the person s money. This is known as a Trust and the family members and professional appointed by the Court become Trustees. Many families benefit from the flexibility and extra protection a Trust allows. Being a Trustee is a responsible role and the Trustees are accountable to the Court. Enduring Power of Attorneys (EPAs) created prior to the MCA can still be used (LPAs replaced EPAs). The EPA must be registered with the Court of Protection when the attorney thinks the donor lacks capacity. Further information can be found at the following websites: Managing Finances after Brain Injury

8 A European leader in traumatic brain injury rehabilitation The Brain Injury Rehabilitation Trust has been providing excellence in brain injury rehabilitation for 20 years. Our range of services is designed to meet the needs of people at each stage of rehabilitation - from assessment to intensive rehabilitation, continuing rehabilitation, through to community-based support. BIRT wishes to express its grateful thanks to Stamp Jackson and Procter Solicitors for their sponsorship of this leaflet. Stamp Jackson and Procter Solicitors 5 Parliament Street Hull HU1 2AZ Tel: Fax: Brain Injury Rehabilitation Trust (BIRT), 60 Queen Street, Normanton, Wakefield WF6 2BU Tel: BIRT is a division of The Disabilities Trust, Registered Charity No , and is the means by which it provides its brain injury services The Disabilities Trust

Guidance for people wanting to manage a bank account for someone else

Guidance for people wanting to manage a bank account for someone else Guidance for people wanting to manage a bank account for someone else Guidance for Consumers England and Wales How can this leaflet help? This guidance explains how a person can manage a bank or building

More information

People making decisions for you

People making decisions for you An easy read fact sheet People making decisions for you What you need to know about people making decisions for you. The Mental Health Act Code of Practice People making decisions for you Keys facts ÁÁ

More information

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian Office of the Public Guardian 1 Lasting Power of Attorney (LPA) Create your LPA Health and welfare Property and financial affairs This page is not an official part of the form Form LPA 1 Before you start

More information

A Leading UK Personal Injury Firm. Court of Protection

A Leading UK Personal Injury Firm. Court of Protection A Leading UK Personal Injury Firm Court of Protection Lasting Power of Attorney A Lasting Power of Attorney is a document which allows you to give legal rights to a person of your choice to manage your

More information

Powers of Attorney. Introduction

Powers of Attorney. Introduction Powers of Attorney Introduction This leaflet explains what powers of attorney are and how they operate. It also sets out how the Church of England Pensions Board ( the Board ) deals with powers of attorney

More information

Banking on good decisions How can the Mental Capacity Act help you with your bank, building society or post office account? Mental Health Foundation

Banking on good decisions How can the Mental Capacity Act help you with your bank, building society or post office account? Mental Health Foundation How can the Mental Capacity Act help you with your bank, building society or post office account? Contents Introduction 01 Note on language 02 Who is this guidance for? 03 Why is this information important?

More information

What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney? What is a Lasting Power of Attorney? A Lasting Power of Attorney is a legal document that you (the Donor) can make which allows you to choose someone now (the Attorney) that you trust to make decisions

More information

LASTING POWER OF ATTORNEY QUESTIONNAIRE

LASTING POWER OF ATTORNEY QUESTIONNAIRE LASTING POWER OF ATTORNEY QUESTIONNAIRE The purpose of this questionnaire is to gather the information needed to complete your LPA(s). We will need your full name and address etc and those of your attorneys

More information

www.step.org Why make a Lasting Power of Attorney?

www.step.org Why make a Lasting Power of Attorney? Why make a Lasting Power of Attorney? The professional body for trust and estate practitioners Why make a Lasting Power of Attorney? The The benefits benefits of of drawing drawing up up a will a will

More information

Goole Neuro-Rehabilitation Centre. A guide for you and your family

Goole Neuro-Rehabilitation Centre. A guide for you and your family Goole Neuro-Rehabilitation Centre A guide for you and your family Who comes to GNRC? All our Service Users are people aged between 18 and 65 who have an acquired brain injury or other neurological condition.

More information

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk LPA107 Lasting Powers of Attorney A guide for Certificate Providers and Witnesses www.publicguardian.gov.uk Contents Introduction 4 Part A Certificate Providers 5 The role of a Certificate Provider 5

More information

Lasting Powers of Attorney for Health and Welfare England and Wales

Lasting Powers of Attorney for Health and Welfare England and Wales Lasting Powers of Attorney for Health and Welfare England and Wales This factsheet explains what a Lasting Power of Attorney for Health and Welfare is, how one can be used, and how to make one. This is

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 August 2015 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY?

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY? What do you do if you want someone to help look after your affairs? What if you become unable to look after yourself or make decisions about your own affairs? Who can make decisions about your welfare

More information

Enduring Power of Attorney

Enduring Power of Attorney Protect your future with an Enduring Power of Attorney Life can be fragile an Enduring Power of Attorney means you can have peace of mind that someone you trust will make decisions for you if you can t

More information

A guide to the Mental Capacity Act

A guide to the Mental Capacity Act A guide to the Mental Capacity Act Introduction Brain injury can significantly impair some people s ability to make decisions. In such cases, it may be necessary to make some decisions on their behalf

More information

Money Box Live: Power of Attorney Wednesday 22 September 2010

Money Box Live: Power of Attorney Wednesday 22 September 2010 Money Box Live: Power of Attorney Wednesday 22 September 2010 Further questions about Power of Attorney in England, Wales and Scotland. Answers provided by: Caroline Bielanska, Chief Executive of Solicitors

More information

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories Controlling your financial future A guide to springing and enduring powers of attorney in the Northwest Territories Public Trustee for the Northwest Territories June 1, 2002 2 Table of Contents Introduction

More information

Power of Attorney. Note that giving a power of attorney does not affect your own power to do anything that you are legally entitled to do.

Power of Attorney. Note that giving a power of attorney does not affect your own power to do anything that you are legally entitled to do. Power of Attorney This information is based on the law as at February 2011. It is intended as a guide only and is not intended to replace the need for legal advice about specific situations. What is a

More information

Making a will and a lasting power of attorney. Fact sheet

Making a will and a lasting power of attorney. Fact sheet Making a will and a lasting power of attorney Fact sheet Introduction Putting in place arrangements for what happens to your estate after your death is a sensible step for the future security of your family.

More information

Easy Read summaryummary

Easy Read summaryummary Easy Read summaryummary Mental Capacity Act 2005 - A Summary Mental capacity means being able to make your own decisions The Mental Capacity Act 2005 will help people to make their own decisions. The Mental

More information

Deferred Payments. A guide to. Paying for residential care if you own your home

Deferred Payments. A guide to. Paying for residential care if you own your home Deferred Payments A guide to Paying for residential care if you own your home What is the deferred payment scheme? If you are a home owner moving to residential care this scheme is designed to assist you

More information

POWERS OF ATTORNEY. Do the right thing see your lawyer first

POWERS OF ATTORNEY. Do the right thing see your lawyer first POWERS OF ATTORNEY Do the right thing see your lawyer first Contents 1. Powers of attorney 2. What is a general power of attorney? 3. What is an enduring power of attorney (EPA)? 4. A property EPA 5. A

More information

Doctors acting as health and welfare attorneys for their patients a guidance note

Doctors acting as health and welfare attorneys for their patients a guidance note BMA Ethics Doctors acting as health and welfare attorneys for their patients a guidance note February 2012 Summary box...1 Introduction...1 What is a Lasting Power of Attorney?...1 Health and Welfare Powers

More information

Mental Capacity Act 2005

Mental Capacity Act 2005 At a glance 05 June 2010 Mental Capacity Act 2005 Key points The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England

More information

Need Help With Making Decisions?

Need Help With Making Decisions? 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 01202 454979, or email caredirect@bournemouth.gov.uk

More information

Getting started as an attorney

Getting started as an attorney LP11 Getting started as an attorney Property and financial affairs How to be an attorney You ve been appointed as an attorney under a lasting power of attorney (LPA). The person who made the LPA (the donor

More information

PRIVATE CLIENT SERVICES

PRIVATE CLIENT SERVICES Helping you to manage your personal and financial affairs efficiently and effectively, now and for the future. REF: 9068 07/15 SERVICES FOR YOU PRIVATE CLIENT SERVICES YOU RE NEVER TOO YOUNG TO START PLANNING

More information

Form If you are a trustee, you should seek legal advice if you want your attorneys to act as trustees on your behalf.

Form If you are a trustee, you should seek legal advice if you want your attorneys to act as trustees on your behalf. Form of enduring power of attorney (for appointment of more than one attorney) Information you must read Form 2 1. This form is a legal document that allows you to create an enduring power of attorney

More information

A guide to Deferred Payments

A guide to Deferred Payments A guide to Deferred Payments Paying for residential care or nursing care if you own your home What is the deferred payment scheme? If you are a home owner moving to residential or nursing care, this scheme

More information

Fact sheet Planning Ahead Enduring Power of Attorney

Fact sheet Planning Ahead Enduring Power of Attorney Fact sheet Planning Ahead Enduring Power of Attorney What is an enduring power of An enduring power of attorney is a legal document which you can use to appoint a person to make decisions about your property

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 January 2014 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

Power of Attorney. Plan your future with someone you trust Put the future in your hands

Power of Attorney. Plan your future with someone you trust Put the future in your hands Power of Attorney Plan your future with someone you trust Put the future in your hands Did You Know? Without Power of Attorney in place you or someone you love will spend on average four months longer

More information

Lasting power of attorney

Lasting power of attorney Lasting power of attorney A step-by-step guide JULY 2014 Most people know how important it is to have a will but, according to research from Saga, only a tiny proportion of us have thought to make a lasting

More information

Mencap s guide to Lasting Powers of Attorney and the Court of Protection

Mencap s guide to Lasting Powers of Attorney and the Court of Protection Mencap s guide to Lasting Powers of Attorney and the Court of Protection Notes about this guide 2 This guide is intended as an outline guide only. It is not intended to be exhaustive and reliance should

More information

Discover who can help you pay bills and how to appeal for more resources.

Discover who can help you pay bills and how to appeal for more resources. CHAPTER 8 Paying the Bills In this chapter, you will: Discover who can help you pay bills and how to appeal for more resources. Find out about the different possibilities for managing the survivor s finances.

More information

An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales

An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales An easy guide to lasting powers of attorney An independent voice and champion for older people across Wales In partnership with: The Older People s Commissioner for Wales The Older People s Commissioner

More information

Wills, trusts and Probate

Wills, trusts and Probate Wills, trusts and Probate Lasting Powers of Attorney www.pannone.com A Wills, beginner s Trusts and guide Probate to purchasing property in France They are one of the UK s leading regional law firms. Family

More information

Best Interest Decision Making Checklist

Best Interest Decision Making Checklist This form has been developed to support your compliance with the Mental Capacity Act 2005 (MCA). There is a statutory requirement for anyone making a best interest decision to have regard to the Code of

More information

Managing Money and Finances Following Traumatic Brain Injury. Patient Information Booklet. Talis Consulting Limited

Managing Money and Finances Following Traumatic Brain Injury. Patient Information Booklet. Talis Consulting Limited Managing Money and Finances Following Traumatic Brain Injury Patient Information Booklet Talis Consulting Limited Why Can a Head Injury Cause Problems when Managing Money? Often people will describe the

More information

A guide to the Adults with Incapacity (Scotland) Act

A guide to the Adults with Incapacity (Scotland) Act A guide to the Adults with Incapacity (Scotland) Act Introduction Mental capacity refers to our ability to make decisions for ourselves and act on them. Brain injury can impair this ability and when this

More information

Lasting Powers of Attorney

Lasting Powers of Attorney Lasting Powers of Attorney A Lasting Power of Attorney (LPA) is a legal document that lets you (the donor ) appoint one or more people (known as attorneys ) to help you make decisions, to implement decisions

More information

With Power of Attorney, the Future is in your hands.

With Power of Attorney, the Future is in your hands. With Power of Attorney, the Future is in your hands. Around 45,000 people register Power of Attorney every year in Scotland. You should make your plans too. www.mypowerofattorney.org.uk the future is in

More information

Make and register your lasting power of attorney a guide

Make and register your lasting power of attorney a guide LP12 Make and register your lasting power of attorney a guide Financial decisions including: running your bank and savings accounts making or selling investments paying your bills buying or selling your

More information

Document Control Sheet

Document Control Sheet Policy Document Money Management Policy Lead Director: Frank Toner Lead Assistant Director: Simon White Policy Approved by: Senior Management Group Date Policy approved: February 2012 Implementation Date:

More information

Enduring power of attorney (financial)

Enduring power of attorney (financial) Enduring power attorney (financial) : Instructions Enduring power attorney (financial) Instructions Please read What is an enduring power attorney (financial)? before filling in the form that follows.

More information

OPG604. Making decisions A guide for advice workers. The Mental Capacity Act

OPG604. Making decisions A guide for advice workers. The Mental Capacity Act OPG604 Making decisions A guide for advice workers The Mental Capacity Act Making decisions A guide for advice workers Helping people who are unable to make some decisions for themselves This booklet provides

More information

OPG603. Making decisions A guide for people who work in health and social care. The Mental Capacity Act

OPG603. Making decisions A guide for people who work in health and social care. The Mental Capacity Act OPG603 Making decisions A guide for people who work in health and social care The Mental Capacity Act Making decisions A guide for people who work in health and social care Helping people who are unable

More information

Paying for your own residential care

Paying for your own residential care Paying for your own residential care June 2015 Page 1 Contents How will I know whether my needs have to be met by residential care?... 3 How do I find a home?... 3 How much will I have to pay towards the

More information

Introduction... 4000. Attorney England and Wales... 4050. Verifying the attorney is empowered... 4055. Photocopies... 4058. Scanned PoAs...

Introduction... 4000. Attorney England and Wales... 4050. Verifying the attorney is empowered... 4055. Photocopies... 4058. Scanned PoAs... Contents Part four Introduction... 4000 England and Wales... 4050 Verifying the attorney is empowered... 4055 Photocopies... 4058 Scanned PoAs... 4059 Overseas s PoA drawn up abroad... 4069 Capable customer

More information

Unified Do Not Attempt Cardiopulmonary Resuscitation (udnacpr) How it relates to the Mental Capacity Act (MCA) 2005

Unified Do Not Attempt Cardiopulmonary Resuscitation (udnacpr) How it relates to the Mental Capacity Act (MCA) 2005 Unified Do Not Attempt Cardiopulmonary Resuscitation (udnacpr) How it relates to the Mental Capacity Act (MCA) 2005 Unified Do Not Attempt Cardiopulmonary Resuscitation (udnacpr) How it relates to the

More information

MENTAL CAPACITY ACT 2005 GUIDELINES FOR CAPACITY ASSESSMENTS

MENTAL CAPACITY ACT 2005 GUIDELINES FOR CAPACITY ASSESSMENTS MENTAL CAPACITY ACT 2005 GUIDELINES FOR CAPACITY ASSESSMENTS (FORM SOC 1708 / CPA : PART 8) January 2008 www.cambridgeshire.gov.uk Policy and Procedure on the Mental Capacity Act 2005 Contents: 1 Introduction

More information

Legal and money matters

Legal and money matters Dementia handbook for carers Berkshire West Legal and money matters Legal issues 1 Money matters 5 Legal issues A diagnosis of dementia can bring with it some difficult decisions that have legal implications.

More information

COURT OF PROTECTION: PROPERTY AND AFFAIRS. number of ways, eg by selling, buying or transferring an interest in it.

COURT OF PROTECTION: PROPERTY AND AFFAIRS. number of ways, eg by selling, buying or transferring an interest in it. COURT OF PROTECTION: PROPERTY AND AFFAIRS SALE AND PURCHASE OF PROPERTY BY P 1. A Deputy or an Attorney of P s Property and Affairs may need to deal with P s property in a number of ways, eg by selling,

More information

Self-directed support

Self-directed support Self-directed support Opening a bank account If you have a personal or individual budget you will need a separate bank account. Opening a bank account can be complicated. This explains how to open an account.

More information

Making decisions A guide for people who work in health and social care

Making decisions A guide for people who work in health and social care Making decisions A guide for people who work in health and social care Helping people who are unable to make some decisions for themselves BOOKLET 3 IN A SERIES OF 5 3 There is a new law that can help

More information

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you BEGINNER S GUIDE Power of Attorney Protecting what is important to you BEGINNER S GUIDE - POWER OF ATTORNEY What is a Power of Attorney? A Power of Attorney gives someone (the Attorney) the legal right

More information

Court of Protection INJURY & NEGLIGENCE SPECIALISTS

Court of Protection INJURY & NEGLIGENCE SPECIALISTS Court of Protection INJURY & NEGLIGENCE SPECIALISTS Injury & Negligence Our solicitors have given our son a quality of life we never thought possible. He now has the security for a brighter and happier

More information

Head Injuries. Personal Legal Services

Head Injuries. Personal Legal Services Head Injuries Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.

More information

LP1F. Lasting power of attorney. Financial decisions. Form

LP1F. Lasting power of attorney. Financial decisions. Form Form LP1F Lasting power of attorney Financial decisions Registering an LPA costs 110 This fee is means-tested: see the application Guide part B Use this for: running your bank and savings accounts making

More information

Thinking ahead. An affordable will and estate plan for you and your family

Thinking ahead. An affordable will and estate plan for you and your family Thinking ahead An affordable will and estate plan for you and your family Thinking ahead Most people understand the importance of having a will and estate plan to safeguard their family s future. However

More information

Powers of attorney. Money matters. Help with making decisions about your health, welfare or finances. AgeUKIG21

Powers of attorney. Money matters. Help with making decisions about your health, welfare or finances. AgeUKIG21 Powers of attorney Help with making decisions about your health, welfare or finances Money matters AgeUKIG21 Information and advice you need to help you love later life. We re Age UK and our goal is to

More information

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act OPG602 Making decisions A guide for family, friends and other unpaid carers The Mental Capacity Act Making decisions A guide for family, friends and other unpaid carers Helping people who are unable to

More information

Powers of attorney: Planning for the Future. Information for people thinking about appointing someone to act on their behalf

Powers of attorney: Planning for the Future. Information for people thinking about appointing someone to act on their behalf Powers of attorney: Planning for the Future Information for people thinking about appointing someone to act on their behalf Legal Services Agency www.lsa.org.uk Glasgow 0141 353 3354 Edinburgh 0131 228

More information

Your Huntercombe How do I make a referral?

Your Huntercombe How do I make a referral? Your Huntercombe How do I make a referral? How do I make a referral? You may recently have become unwell, suffered an injury or maybe you know someone who you feel needs further help and advice about their

More information

Guide to Making a Lasting Power of Attorney (LPA)

Guide to Making a Lasting Power of Attorney (LPA) Guide to Making a Lasting Power of Attorney (LPA) Contents 1/ What is a LPA? 2/ Why do I need an LPA? 2/ Who shoud I Appoint...? 3/ Can I still make decisions? 3/ How do I appoint an attorney? 4/ And that

More information

Why make a Lasting Power of Attorney?

Why make a Lasting Power of Attorney? www.step.org Why make a Lasting Power of Attorney? Why make a Lasting Power of Attorney? The benefits of drawing up a will are widely recognised. In doing so, you make provision for the winding up of your

More information

A guide to our legal services for individuals

A guide to our legal services for individuals A guide to our legal services for individuals Introduction Steeles Law has been built on the bedrock of the work it undertakes for individuals, many of whom we also assist in a business context. Our private

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

CONTESTED DEPUTYSHIP AND LPA/EPA APPLICATIONS: A PROCEDURAL GUIDE

CONTESTED DEPUTYSHIP AND LPA/EPA APPLICATIONS: A PROCEDURAL GUIDE CONTESTED DEPUTYSHIP AND LPA/EPA APPLICATIONS: A PROCEDURAL GUIDE A presentation given by Alex Troup of St. Johns Chambers to Gloucestershire Solicitors for the Elderly on Thursday 9 th June 2011 (1) Contested

More information

APPLICATION FORM - PERSONAL INJURY (Do not use for fatal injuries)

APPLICATION FORM - PERSONAL INJURY (Do not use for fatal injuries) The Compensation Agency Royston House 34 Upper Queen Street Belfast BT1 6FD www.compensationni.gov.uk THE COMPENSATION Agency Reference number For official use only T1 Criminal Injuries Compensation Scheme

More information

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney.

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. FACT SHEET www.lpi.nsw.gov.au March 2014 Powers of Attorney in New South Wales This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. What is a power

More information

APPLICATION FOR COMPENSATION FORM FOR A PERSONAL INJURY (Do not use this form for claims relating to fatal injuries)

APPLICATION FOR COMPENSATION FORM FOR A PERSONAL INJURY (Do not use this form for claims relating to fatal injuries) The Compensation Agency Royston House 34 Upper Queen Street Belfast BT1 6FD www.compensationni.gov.uk THE COMPENSATION Agency Reference number For official use only T4 Criminal Injuries Compensation Scheme

More information

MOVING INTO A CARE HOME Frequently asked questions

MOVING INTO A CARE HOME Frequently asked questions MOVING INTO A CARE HOME Frequently asked questions What types of income and savings are counted as part of a financial assessment? Employment Support Allowance / Incapacity Benefit Pension Credit Former

More information

Mental Capacity Act (MCA) 2005 Impact on Children and Young Adults 12

Mental Capacity Act (MCA) 2005 Impact on Children and Young Adults 12 Mental Capacity Act (MCA) 2005 Impact on Children and Young Adults 12 A briefing for Parent Partnership Services July 2012 The Mental Capacity Act (MCA) was enacted in 2005 and has been in force in England

More information

Powers of Attorney: Planning for the Future

Powers of Attorney: Planning for the Future Powers of Attorney: Planning for the Future A Guide Legal Services Agency Limited 3rd Floor Fleming House 134 Renfrew Street Glasgow G3 6ST (Telephone: 0141 353 3354) www.lsa.org.uk Legal Services Agency

More information

Choosing, Arranging and Managing Your Care and Support

Choosing, Arranging and Managing Your Care and Support Adult Care and Health Services Choosing, Arranging and Managing Your Care and Support Your guide to Personal Budget Support www.reading.gov.uk/communitycare Welcome You have been given this booklet because

More information

Do You Need an Enduring Power of Attorney?

Do You Need an Enduring Power of Attorney? Public Guardian and Trustee Do You Need an Enduring Power of Attorney? Public Guardian and Trustee of Yukon Justice Court Services Information Resources - Whitehorse, Yukon Office of the Public Guardian

More information

With Power of Attorney, the Future is in your hands.

With Power of Attorney, the Future is in your hands. With Power of Attorney, the Future is in your hands. Around 45,000 people register Power of Attorney every year in Scotland. You should make your plans too. Call us for more information 0141 287 0470 www.mypowerofattorney.org.uk

More information

Advance decisions, advance statements and living wills

Advance decisions, advance statements and living wills Advance decisions, advance statements and living wills About this factsheet Advance decisions (sometimes referred to as living wills ) and advance statements are two ways to make sure others, including

More information

Options for dealing with someone else s financial affairs

Options for dealing with someone else s financial affairs Options for dealing with someone else s financial affairs A person who is unwell may sometimes need someone else to help with their financial affairs. This may be because they are in hospital, cannot cope

More information

Lasting Powers of Attorney

Lasting Powers of Attorney Lasting Powers of Attorney www.dls.org.uk Lasting Powers of Attorney Introduction This is a brief guide to Lasting Powers of Attorney (LPAs). In the event you require further information, you may wish

More information

A guide to personal injury trusts

A guide to personal injury trusts A guide to personal injury trusts Introduction Following a brain injury, a person may receive substantial sums of money from a personal injury claim, personal accident insurance, charitable gifts, or other

More information

Guidance on money management for people who may lack capacity to make some decisions about how their money is used. by Jane Livingstone

Guidance on money management for people who may lack capacity to make some decisions about how their money is used. by Jane Livingstone Guidance on money management for people who may lack capacity to make some decisions about how their money is used by Jane Livingstone First Published by ARC Ltd. 2011 ARC, ARC House, Marsden Street, Chesterfield,

More information

BEST INTERESTS MEETING PROFORMA

BEST INTERESTS MEETING PROFORMA BEST INTERESTS MEETING PROFORMA If, after a comprehensive assessment an individual is shown on the balance of probabilities to lack capacity, then those acting on their behalf must do so in the persons

More information

SCHOOL DISCIPLINE IN PENNSYLVANIA

SCHOOL DISCIPLINE IN PENNSYLVANIA Making sure that all of Pennsylvania s children have access to quality public schools SCHOOL DISCIPLINE IN PENNSYLVANIA IMPORTANT: ELC's publications are intended to give you a general idea of the law.

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011

LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011 LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with

More information

Savings account Why have a bank account? Can I open a bank account? contractual capacity

Savings account Why have a bank account? Can I open a bank account? contractual capacity Bank accounts This factsheet is an introduction to bank accounts. This information is relevant to England. What is a bank account? Why have a bank account? Can I open a bank account? Can I have a joint

More information

Acting Under a Power of Attorney

Acting Under a Power of Attorney Knowledge ~ Compassion ~ Peace of Mind Acting Under a Power of Attorney Two Kinds of Powers of Attorney There are two kinds of Powers of Attorney documents: Power of Attorney for Property; Power of Attorney

More information

Paying for care: information and advice

Paying for care: information and advice Draft: for sharing in September 2015 Paying for care: information and advice Helping you to make informed choices about paying for care Is this leaflet for you? Many people don t know that unlike the NHS,

More information

This tool kit is designed provide information and support for the application of the Mental Capacity Act to GPs and Primary Care Staff.

This tool kit is designed provide information and support for the application of the Mental Capacity Act to GPs and Primary Care Staff. RCGP Mental Capacity Act (MCA) Toolkit for Adults in England and Wales 2011 Contents Bioethics Memory Aid 2 Mental Capacity Act Flow Chart 3 Record of Capacity assessment under Mental Capacity Act 4 Best

More information

POWER OF ATTORNEY EQUITY RELEASE

POWER OF ATTORNEY EQUITY RELEASE POWER OF ATTORNEY EQUITY RELEASE GIVE FAMILY MEMBERS OR SOMEONE ELSE YOU TRUST THE LEGAL POWER TO MAKE DECISIONS ON YOUR BEHALF Each of us hopes to remain healthy and independent for as long as possible.

More information

DEFERRED PAYMENT AGREEMENT. Information Pack for our service users and their families or representatives

DEFERRED PAYMENT AGREEMENT. Information Pack for our service users and their families or representatives 12 WEEK PROPERTY DISREGARD PERIOD AND THE DEFERRED PAYMENT AGREEMENT Information Pack for our service users and their families or representatives What is the 12 week Property Disregard Period? The Council

More information

Appointment of an agent form

Appointment of an agent form Appointment of an agent form An agent is someone who can act for you when dealing with the Ministry of Social Development (Work and Income, Senior Services and Housing Assessment). Choosing an agent You

More information

Making decisions...about your health, welfare or finance. Who decides when you can t?

Making decisions...about your health, welfare or finance. Who decides when you can t? Making decisions...about your health, welfare or finance. Who decides when you can t? BOOKLET 1 IN A SERIES OF 5 1 There is a new law that can help - The Mental Capacity Act 2005 CONTENTS NEXT Who decides

More information

How to use a solicitor in England and Wales

How to use a solicitor in England and Wales How to use a solicitor in England and Wales Easy Read Do you need a solicitor? Solicitors give advice about the law. They are experts and can help you understand your rights and solve different legal problems

More information

caring for the mentally impaired

caring for the mentally impaired caring for the mentally impaired Introduction What happens if your loved one loses their mental capacity to the extent that they can no longer manage their own affairs? Loss of mental capacity can result

More information

Planning your Care in Advance

Planning your Care in Advance Planning your Care in Advance Using this booklet This booklet is about making an Advance Care Plan (ACP). You may be reading it because you have been diagnosed with a serious condition, as part of planning

More information