Age Partners
You may have always assumed when if an elderly family member begins to need help their family will be able to help them make decisions and speak on their behalf. Unfortunately, this is no longer the case.
The Mental Capacity Act 2005 gave Health Care workers and Social Services the legal power to decide if someone has "lost mental capacity" and can no longer be trusted to manage their own affairs or make their own decisions. The Mental Capacity Act also removed the right of a person who has lost capacity's “next of kin” to help to make decisions and speak on their behalf, unless a Power of Attorney is in place. You can read more about how this can effect elderly family members in our Mental Capacity Act 2005 section.
The Mental Capacity Act 2005 gave Health Care workers and Social Services the legal power to decide if someone has "lost mental capacity" and can no longer be trusted to manage their own affairs or make their own decisions. The Mental Capacity Act also removed the right of a person who has lost capacity's “next of kin” to help to make decisions and speak on their behalf, unless a Power of Attorney is in place. You can read more about how this can effect elderly family members in our Mental Capacity Act 2005 section.
The Care Act 2014 gave the adult Social Services department within Councils the power to decide how elderly people are cared for and how their assets are used to pay for their care. The Care Act also gave Social Services the power to manage the affairs of a person who has "lost mental capacity" if a Power of Attorney is not in place. Social Services management of a persons affairs can include deciding how their money is spent, what food they eat, where they live and what happens to their home.
When elderly people begin to need help with everyday activates they and their family will eventually be referred to the adult Social Services department within their local Council. Social Services will insist on conducting a Care Needs Assessment and a Financial Assessment to decide what help will be provided and how the person receiving help will pay for this help. You can read more about this process in our Care Act 2014 section.
If during a Care Needs Assessment Social Services decide the person being assessed has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. If a Power of Attorney is not in place family members will have no legal right to make decisions about their relatives care or finances. The practical consequences of this situation can be seen in our Power of Attorney illustration.
The outcome of a Care Needs Assessment and a Financial Assessment can profoundly effect every aspect of the future of the person being assessed. Therefore, it is important a Power of Attorney is in place before before Social Services begin their assessment.
Lasting Power of Attorney applications can be completed online in only a matter of minutes, but they will not provide Attorneys with any power until they have been registered by the Office of The Public Guardian (OPG). The Office of The Public Guardian’s process for registering a Power of Attorney takes over four months to complete.
However, we can arrange for a legally binding Power of Attorney to be put in place in only 4 days, this can provide Attorneys with the power to help make decisions and speak on the behalf of your elderly relative almost immediately.
When elderly people begin to need help with everyday activates they and their family will eventually be referred to the adult Social Services department within their local Council. Social Services will insist on conducting a Care Needs Assessment and a Financial Assessment to decide what help will be provided and how the person receiving help will pay for this help. You can read more about this process in our Care Act 2014 section.
If during a Care Needs Assessment Social Services decide the person being assessed has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. If a Power of Attorney is not in place family members will have no legal right to make decisions about their relatives care or finances. The practical consequences of this situation can be seen in our Power of Attorney illustration.
The outcome of a Care Needs Assessment and a Financial Assessment can profoundly effect every aspect of the future of the person being assessed. Therefore, it is important a Power of Attorney is in place before before Social Services begin their assessment.
Lasting Power of Attorney applications can be completed online in only a matter of minutes, but they will not provide Attorneys with any power until they have been registered by the Office of The Public Guardian (OPG). The Office of The Public Guardian’s process for registering a Power of Attorney takes over four months to complete.
However, we can arrange for a legally binding Power of Attorney to be put in place in only 4 days, this can provide Attorneys with the power to help make decisions and speak on the behalf of your elderly relative almost immediately.