Making decisions : the Government's proposals for making decisions on behalf of mentally incapacitated adults : a report issued in the light of responses to the consultation paper Who decides? / presented to Parliament by the Lord High Chancellor by Command of Her Majesty, October 1999.

  • Great Britain. Lord Chancellor's Department.
Date:
1999
Catalogue details

Licence: Open Government Licence

Credit: Making decisions : the Government's proposals for making decisions on behalf of mentally incapacitated adults : a report issued in the light of responses to the consultation paper Who decides? / presented to Parliament by the Lord High Chancellor by Command of Her Majesty, October 1999. Source: Wellcome Collection.

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    The drafting or creation of the power: © powers were used prior to the donor becoming incapacitated e family members did not know about the existence of the EPA — some felt that it would be a safeguard if other people had to be alerted that the power had been created e donors of EPAs were already without capacity by the time they signed their EPA. The registration process: e notification of others in the statutory list is inadequate, since the donor and relative may not see, or care anything for, one another e there is no adequate system to compel the attorney to register the EPA when the donor becomes incapable. The powers of the attorney: e the court will not usually know about unregistered powers which are being exercised, where instances of financial abuse might occur. The lack of a regional office: e there is a lack of access for members of the public to speak to someone about EPAs. 2.4. The Law Commission recommended that EPAs, which are limited to financial affairs, should be replaced by Contin nuing Power of Attorney (CPAs). CPAs would allow individuals to delegate decision-making powers on finance, healthcare, and personal welfare to a person of their choice. CPAs received very strong support on consultation from a wide range of individuals and organisations. ® consent to the donor’s compulsory treatment under the Mental Health Act 1983.