Legal
Below you will find general legal information and advice. If you have a specific question or would like to discuss anything in more detail please contact Admiral Nursing DIRECT on 0845 257 9406 or email direct@dementiauk.org
Deputyship under the Court of Protection
When does the NHS pay for care
Lasting Power of attorney
People 18 and over can choose and appoint someone to make their health, welfare and/or financial decisions if in the future they lack capacity to make these decisions for themselves.
This person is called an attorney and is appointed by a formal document called a Lasting Power of Attorney(LPA).
There are two different types of LPA:
- A personal welfare LPA is for decisions about both health and personal welfare, such as where to live, day-to-day care or having medical treatment.
- A property and affairs LPA is for decisions about finances, such as selling the donor's house or managing their bank account.
The person making an LPA is called the donor, and they have many choices when making the LPA.
LPA's can be made through a solicitor, or a special form can be obtained from the Office of the Public Guardian, or stationers that provide legal packs. The form will have guidance on how to complete it and will also explain how the donor can place limits on what the attorney can do.
A certificate will have to be signed to say that the donor understood what they were doing when signing the form and that there was no fraud or undue pressure on them when the LPA was being created.
Before an LPA can be used, it must be registered with the Office of the Public Guardian . You can call them on 0300 456 0300. There is a fee for registration.
Enduring Power of attorney
From October 1st 2007 people could no longer make an Enduring Power of Attorney (EPA) however existing EPAs are still valid and can be registered after this date.
If the EPA has not been registered because the donor is still able to make their own decisions, the donor can
- Destroy the EPA and make a finance and property LPA
- Keep the EPA for finance decisions
In either case make a separate LPA for welfare decisions if they wish to.
If a donor decides to keep the EPA for their finance decisions the attorney can continue to use it unregistered unless it has been specified that it is only to be used if they no longer have capacity.
If at some future date they are no longer able to make financial decisions for themselves then the attorney will need to register the EPA at that time.
For further information and help please phone 0300 456 0300
Deputyship under the Court of Protection
A deputy is a person appointed by the Court of Protection to be legally responsible for someone who lacks capacity to make decisions for themselves where there is no Enduring or Lasting Power of Attorney.
The Court of Protection's order will set out the Deputy's powers.
- The powers may relate for example to the person's finances, property or accommodation (including where they live or whether they go into care), their medical treatment and other healthcare issues, and their personal welfare.
- The powers given depend on the person's needs.
- If a decision is complex or difficult, the Court of Protection recommends that the Deputy takes legal advice.
- Fees can be paid from the funds of the person lacking capacity.
For more information please phone 0300 456 4600
When does the NHS pay for care
This booklet produced by the Alzheimer's Society offers guidance on eligibility. It explains what NHS continuing care is, how you might be able to get it, and what to do if your request is turned down. This can be obtained from the Alzheimer's Society