Section 6 - Legal Matters Lasting Power of Attorney Lasting Powers of Attorney (LPA) enable friends, relatives and Carers to make decisions about their loved one’s health and welfare, or decisions about their property and financial affairs.
Advocacy Unpaid Carers often report feeling ignored, overlooked and unheard. This is not acceptable in any environment. The pressure and stresses of caring responsibilities can sometimes mean you do not explain or express yourself in the way that you mean to. Not expressing or explaining yourself correctly or coherently can lead to the wrong advice and support being given to you and the person(s) you care for. Not benefiting from the support of an advocate may also mean you make the wrong decisions for treatment and care plans for you and/or the person you care for. An advocate will ensure your voice as an unpaid Carer is heard and protect and promote your rights at what is often a very difficult time.
Separate legal documents are made for each of these decisions, appointing one or more attorneys for each. How to apply You can download the forms and guidance by going to www.gov.uk, alternatively you can ask a solicitor to help you. You can make application when the person making it is over 18 and has the mental capacity to understand what they are doing. If the person already lacks capacity the court can appoint a Deputy (see the next section). An LPA can be registered at any time, but a personal welfare LPA will only be effective once the person has lost capacity to make their own decisions. What does the attorney do?
Finding the right advocate for you;
• If you find it difficult to understand your care or support, or feel unable to speak up, there are that can act as a spokesperson for you. • Finding the right person that can support you in expressing your views and wishes, and stand up for your rights, can help you with your decision making and care plans. • Your advocate can also make contact with various organisations on your behalf if you do not feel comfortable doing so. • Under the Care Act, your local Council must provide an independent advocate if you do not have family or friends that can help you and you have difficulty with understanding and remembering information, communicating your thoughts or making decisions that are right for you. • In addition to your Council you could also contact: www.theadvocacypeople.org.uk on 0330 440 9000 or text PEOPLE to 80800 and someone will be in touch North Northamptonshire Council • https://www.voiceability.org/ or 0300 303 1660 • www.ageuk.org.uk or 0800 055 6112
When acting under an LPA, an attorney must:
• Make sure that the principles of the MCA are followed (see above) • Assure themselves that the person lacks the capacity to make that particular decision for themselves • Always make decisions in the best interest of the person Deputyship The Court of Protection can appoint deputies who can also take decisions on health and welfare and financial matters if the person concerned lacks the capacity to make a decision. If the person already has an LPA they will not need a deputy as well.
WNC advocacy provider POhWER and link to our web pages (and for Carers)
www.westnorthants.gov.uk/arranging-adult-care/independent-advocacy
Complaints We are a nation that does not like to complain and sometimes being an unpaid Carer, you feel more worried about complaining for fear of any repercussions against you and/or the person you care for. If you feel something is not right, then often, it isn’t. • As an unpaid Carer, you have the right to speak out on behalf of the person you are caring for. • You might feel that your concern is not significant but sometimes not raising complaints can mean services and systems do not improve or become worse. • You are always within your rights to raise concerns and make a formal complaint if appropriate.
They will normally come into action when the court need to delegate an ongoing series of decisions rather than one decision.
The Office of the Public Guardian registers LPA’s and supervises court-appointed deputies. It also provides evidence to the Court of Protection and information and guidance to the public. The Public Guardian works with a range of agencies, such as the financial sector, police and social services, to investigate any concerns.
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