MENTAL HEALTH
The majority of LPA’s are granted to family members, most of whom have the best interests of their relatives at heart. However, in some circumstances cases have occurred where LPA’s are misused by relatives for their own gain.
If a care professional is concerned that an individual has drawn up LPA without capacity to fully understand their decision, or they are under undue influence, then they should contact the Office of Public Guardian to inform them of their concerns before the LPA is registered. If LPA is already registered and a care professional has concerns that the attorney is not using it in the best interests of the individual, they should again contact the Office of Public Guardian. In this case, LPA can be revoked if the individual still has capacity to do so, otherwise an application would have to be made to the Court of Protection for an individual or a solicitor to be granted a deputyship.
for any of their patients or residents. It is always preferable for a relative or solicitor to hold LPA for financial affairs, welfare, or both.
Firstly, on the simplest level, care professionals need to be fully aware of which patients have given LPA and ensure this process is followed when making any major decisions on changes to their care. Unfortunately, there is no requirement for an individual to tell anyone, other than the proposed attorney, that LPA has been granted. Care homes always need to make every effort to check if residents have LPA in place. Likewise, district nurses, home care professionals and day care centres should also, where possible, ensure they’re aware of when LPA is in place.
However, there are also other more subtle things to look out for.
twitter.com/TomorrowsCare
Any intervention by someone with LPA is governed by principles under the Mental Capacity Act 2005. This ensures that interventions are in the best interest of the person, take their previous decisions into account and are in keeping with the advice and wishes of other people relevant to the person.
DEPUTYSHIP If a person loses the capacity to grant LPA, a relative or solicitor can apply for a deputyship from the Court of Protection. Much like LPA, a person can become someone’s financial affairs deputy or, in very rare cases, their personal welfare deputy. The court will usually only appoint a personal welfare deputy where there are continuous decisions to be made on personal welfare.
Deputies are closely supported and supervised by the Office of Public Guardian. There are four tiers of supervision, ranging from close supervision and regular contact to limited supervision and periodical contact for property and affairs deputies managing limited assets.
As with LPA, if a care professional felt a deputy wasn’t discharging their duties in the best interests of the individual, the Office of Public Guardian should be notified.
“As a care professional, it’s crucial that close care and attention is given to safeguarding the welfare of mentally vulnerable individuals.”
STAYING ON THE RIGHT SIDE
OF THE LAW The Mental Capacity Act also introduced two new criminal offences: ill treatment and wilful neglect of a person who lacks capacity. The offences can apply to anyone caring for a person who lacks capacity including their family; health, social care, hospital or care home staff; someone granted LPA; or someone given a deputyship by the Court of Protection. A person is guilty of ill-treatment if they deliberately ill-treat, or are reckless in whether they are ill-treating the person they care for or represent. A person would be guilty of wilful neglect if they deliberately failed to carry out an act they knew they had a duty to do. The penalties for the offences range from a fine to a sentence of imprisonment of up to five years, or both.
As a care professional, it’s crucial that close care and attention is given to safeguarding the welfare of mentally vulnerable individuals. This is, most importantly, to protect the individual’s welfare, but also to ensure that there is no risk of being guilty of an offence under the Mental Capacity Act. Often this will require a greater level of vigilance than in the case of other individuals. Where a care professional has concerns, it is always best to voice them to the appropriate person or organisation, normally the Office of Public Guardian.
www.slaterheelis.co.uk - 45 -
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52