The Court of Protection
The Mental Capacity Act 2005 expresses five key principles which should guide all actions taken on behalf of any person who lacks capacity to make decisions on their own.
Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.
A person must be given all practicable help before anyone treats them as not being able to make their own decisions.
Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision. Anything done or any decision made 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 least restrictive of their basic rights and freedoms.
These principles together with adherence to the Code of Practice underlie every action taken by the lawyers at Rudlings Wakelam to ensure that we act in the best interests of our clients at all times. Rudlings Wakelam has held a Mental health Franchise under the Legal Services Commission over many years and has extensive experience of the various procedures and applications set out under the Mental Health Acts.
Often in addition to requiring representation in front of the Mental Health Tribunal people do not have the capacity to look after their affairs and need assistance either from a family member or from a professional.
Rudlings Wakelam has extensive experience in making applications to the Court of Protection for the appointment of a Deputy (formerly a Receiver) to look after a persons financial affairs. On occasion individuals do not have a family member who is able or willing to look after their affairs and in these circumstances we are able to take on the role of Deputy to ensure that every person who needs assistance can obtain help with their financial affairs.
Lasting Powers of Attorney
Sometimes people may have the necessary capacity to look after their own affairs and may wish to plan for the future for a time when they may not have the ability to do this for themselves. There have been recent changes under the Mental Health Act 2005 to Powers of Attorney. Since October 2007 a person wishing to appoint someone to look after their financial affairs must execute a Lasting Power of Attorney.
Rudlings Wakelam are fully conversant with the new Lasting Powers of Attorney and can advise fully on the consequences of executing a Power and the powers and duties imposed on the Attorneys.
In addition to preparing the various forms required to appoint an Attorney and Register the Lasting Power of Attorney, Rudlings Wakelam are also able to assist with being the Attorney where an person does not have anyone else willing to assist them with this role, or wishes to appoint a professional to look after their affairs.
We have extensive experience in managing finances for people who are unable to do this themselves or who require assistance. Having a professional Attorney can give peace of mind to people who are worried that other people may abuse their finances.
In some circumstances we can also provide the Certificate of Mental Capacity which is now required as part of the process, or if we can not we can liaise with the appropriate person to obtain this.
The Mental Health Act 2005 has also introduced the new concept of a Health and Welfare Power of Attorney. People can now appoint someone to make decisions regarding their health and welfare on their behalf if they are not mentally capable to do this for themselves. This allows someone to decide what medical treatment a person is to receive or which nursing home they are to live in, for example.
If you would like any further information on the above please contact Penny Brice on 01284 755771.
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