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Appointees, Advocacy and Lasting Power of Attorney
In certain cases where elderly persons are no longer mentally capable of making decisions about their financial situation or their health and welfare, it is important to ensure that they appoint someone to manage their affairs.
> Appointees
Elderly persons receiving social security benefits, if unable to manage their own affairs, may be appointed, by the Secretary of State for Work and Pensions, a person to make claims and receive benefits on their behalf. This may be a friend or family member, but could also be someone from the outside.
> Advocacy
In some cases where an elderly person must enter a care home, but are unable to express their views or make decisions, an advocate outside of their circle of friends and family may be appointed to manage their needs. Advocacy “schemes” may be run by Local Councils or local voluntary organisations.
> Lasting Power of Attorney
In the 2005 Mental Capacity Act the Lasting Power of Attorney (LPA) replaced the Enduring Power of Attorney. The LPA allows the elder person to choose someone to make financial, property-related, health and welfare decisions for them.
> Rights to protection and advocacy
If an elderly person lacks the capacity to make decisions for themselves, it is important that those close to the individual work on the "best interest" standard set out in the Mental Capacity Act (2005) and with the Deprivation of Liberty Safeguards (2009).
In a case where an elderly person has no close friends or family members, a Local Council may appoint an Independent Mental Capacity Advocate (IMCA) to work on their behalf.
