MENTAL HEALTH
Protecting The Vulnerable
Chris Partington, a Court of Protection Panel Deputy and Solicitor at Slater Heelis LLP, explains the legal protections afforded to people with mental health issues, and how care staff can help to safeguard these individuals.
As well as physical health issues, many elderly patients often face mental health challenges as well. Some of the most common mental health issues amongst elderly patients are Dementia and Alzheimer’s, but there are a variety of issues that could mean someone isn’t able to make decisions on their own.
In this situation, family members or solicitors are often given powers to make decisions about property and financial issues, and in some cases health and welfare issues as well.
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This raises a number of questions about how to care for an individual who no longer directly controls their own affairs.
LASTING POWER
OF ATTORNEY A lasting power of attorney (LPA) is a legal document that an individual can have drawn up to appoint one or more individuals to help them make decisions or to make decisions on their behalf. There are two types of LPA- property and financial LPA and health and welfare LPA.
In order for LPA to be valid, a solicitor must be confident that an individual has capacity to understand the nature and extent of the powers they are granting and articulate who they wish to make decisions for them. In some cases, an individual might lack capacity to make other welfare or financial decisions, but have capacity to make a decision regarding LPA.
Given the potential conflict of interest, it is inadvisable for a care home professional, district nurse or home care professional to hold LPA
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