Who decides? : making decisions on behalf of mentally incapacitated adults : a consultation paper / issued by the Lord Chancellor's Department.

  • Great Britain. Lord Chancellor's Department.
Date:
1997
Catalogue details

Licence: Open Government Licence

Credit: Who decides? : making decisions on behalf of mentally incapacitated adults : a consultation paper / issued by the Lord Chancellor's Department. Source: Wellcome Collection.

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    Modification and termination of a CPA Powers of the court Miscellaneous Decision-Making by the Court This Chapter considers the Law Commission’s recommendations for a single integrated judicial framework for the making of decisions relating to personal welfare, healthcare and financial matters. The Law Commission recommended that the court should be able to make one-off orders where necessary, or appoint a manager with continuing powers. Although not covered in the Law Commission’s Report, this Chapter also seeks views on whether, and how, managers of residential care and nursing homes should be allowed to manage the funds of residents without capacity. Background A unified jurisdiction Role of the Court Personal welfare Health care Property and affairs Managers appointed by the court Management of residents’ funds by care establishments Public Law Protection for People at Risk This Chapter considers whether there is a need for reform of emergency powers for public officials to be able to intervene in the lives of persons with certain types of disability, including the power to arrange that they be removed from their homes. It should be noted that the Law Commission’s definition of vulnerable adults in this area is wider than the definition of those without capacity which applies to other areas of their final Report. This Chapter reflects that more widely defined client group. The Government seeks views on the Law Commission’s recommendations, and wishes to ensure that, if the law in this area is to be reformed, there is an appropriate balance between protecting vulnerable adults, and respect for individual rights. Background Defining the client group A duty to investigate Emergency intervention Miscellaneous 50 52 54 55 a 55 56 58 59 60 62 65 67 67 68 69 70 i