Case study: LPA in practice
In a recent blog we explored the decision-specific nature of the Mental Capacity Act (2005) in practice. In today’s blog, we will explore how this applies to Lasting Power of Attorney (LPA).
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Best Interest
New service: Best Interest Assessments
We are now able to offer Best Interest Assessments in the Lancashire and Cumbria area.
What is an appointee?
An appointee is someone who has been appointed to act on behalf of a person claiming benefits who cannot manage independently due to being ‘mentally incapable or severely impaired’.
DoLS in focus: The role of the Best Interest Assessor (BIA)
The primary role of a Best Interest Assessor (BIA) is to complete the Mental Capacity Assessment and Best Interest Assessment steps within the DoLS process. These are recorded as part of Form 3.
They can also be commissioned by the Supervisory Body to complete ‘Age’ and ‘No Refusals’ steps if required.
The six key assessments for DoLS
The Code of Practice for DoLS (2008) directs that wherever possible, DoLS authorisations should be applied for in advance of a hospital or care home admission, in order to ensure that appropriate safeguards are in place from day one. As such, a DoLS application should really be made at the point where the individual is assessed prior to admittance, in order that the application be processed in time.
COP3 Mental Capacity Assessments for Deputyship
If someone is unable to demonstrate mental capacity to assign a Lasting Power of Attorney (LPA), and is unable to manage either their health and welfare or property and financial affairs, then an application can be made to the Court of Protection (COP) to assign a deputy to said role if appropriate.
DoLS restrictions and the right to object
In simple terms a deprivation can be described as a restriction, while a deprivation of liberty is a restriction on everyday living. The Mental Capacity Act enacts vital safeguards and protections an individual who can not consent to their care and treatment is is deprived of said liberties. It protects the individual through upholding their rights, monitoring any form of restriction in place and striving to ensure these are proportionate, justifiable and the least restrictive option. In today’s blog, we consider what these restrictions may include, and the importance of keeping the individual’s voice at the heart of any Best Interest decision.
Supporting your team with MCA consultancy
In our mission to Promote, Partner and Protect, we place a great emphasis on helping teams develop their skills around the Mental Capacity Act, Mental Capacity Assessments, and related areas such as Best Interest Decisions and LPA. In today’s blog we want to shed a little light on what this can look like in everyday practice…
Next of Kin vs Lasting Power of Attorney
According to UK consumer rights organisation Which?, the Power of Attorney system is in ‘desperate need of improvement’. This is because many people don’t understand how the system works, and it can also be difficult to put vital Lasting Power of Attorney (LPA) arrangements in place.
Thoughts on LPS in practice
In the final part of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on the forthcoming changes to LPS and how it might work on a practical level.