制服诱惑

Things to consider

As your child reaches adulthood, you, as parents, no longer have the right to make decisions on their behalf unless certain protections are in place. As they reach 18, it is important to be aware of and understand the Mental Capacity Act 2005 and its implications for your adult child. Deputyship or Power of Attorney may be required for those making decisions on behalf of an adult who lacks capacity. If a person has never had or has lost capacity, deputyship is required. If a person has capacity but needs help with some decisions Power of Attorney is required. For both Deputyship and Power of Attorney, there are 2 types: 路 Health and Welfare 路 Finances If your child only receives benefits, they may not need a deputy, but they will need an appointee if they lack capacity.

Mental Capacity Act 2005 What you need to know:

The 5 principles of the MCA are:

1. You must assume the person can make the decision until you have proof they cannot.

2. You must use every possible means to support the person make the decision themselves.

3. Do not assume the person does not have capacity to make decision/s just because they decide something that you think is unwise or wrong.

4. If you make a decision for someone who cannot make it themselves, the decision must always be in their best interests.

5. Any decisions, treatment or care for someone who lacks capacity must always follow the path that is the least restrictive of their basic rights and freedoms.

Appointee:

A Department of Work (DWP) Appointee is a person who deals with the benefits of someone over the age of 16 who cannot manage their finances because of a disability.

Deputyship

A person/people appointed by the Court of Protection to make decisions on behalf of someone who lacks or has lost capacity to make decisions for themselves.

Lasting Power of Attorney:

A Lasting Power of Attorney (LPA) is a legal document which allows adults who have capacity to give people they trust (over the age of 18) the authority to make decisions on their behalf.