It's some months now since a friend mentioned the Court of Protection to me and it took this article to bring our conversation back to mind.These people can indeed take control of a family member's affairs should they suffer from Alzheimers or some other mental impairment.
The first Court of Protection was set up by labour's 2005 Mental Incapacity Act, which for the first time formalised the arrangement for dealing with the assets and care of people suffering from dementia and other similar illnesses.
The worrying factor is that, unless the person has already made a living Will before any sign of their disability, the state can now walk in and take over plus charge exorbitant fees for doing so. All court hearings are completely private.
The government are now back-pedaling after an extraordinary 3,000 complaints in the systems first 18 months of operation and state the following:
The Government now says everyone should establish a lasting power of attorney to state who should look after their affairs should they become incapacitated - although most people will be utterly unaware of this advice.
Only 60,000 people in Britain have registered these 'living wills' with the authorities, and the problems begin when someone is suddenly, unexpectedly mentally impaired.
Without this document, relatives must apply to the courts and the anonymous OPG, part of the Ministry of Justice based in an office block in Birmingham, is required to look into the background of carers to decide if they are fit to run the ill or elderly person's affairs.
I know what my priority is this week and if you haven't guessed, then it's to nominate a lasting power of attorney. Whether this applies in Scotland or not isn't stated in the article, but I'd rather ensure my family are on the safe side and are not involved with this Court of Protection in any way. Do remember, it's not only the elderly who can suffer from mental impairment.
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16 comments:
This is creepy.
But it looks as if you'll be OK (for now), as the Mental Capacity Act, on which this is based, doesn't appear to affect Scotland.
No it doesn't, you're right Fausty, but just in case things change without much publicity, then I'll opt to be on the safe side.
Hi Subrosa,
thought it might be worth you reading this. The Daily Fail are well short of the usual definition of accuracy, as usual.
Polaris, your link doesn't work.
Uh Huh.
Been there and got the teashirt.
When my lady was diagnosed with a particulary nasty type of brain tumour she arranged for a living will giving me power of attorney.
She was a nurse who specialised in caring for the terminally ill and that brave lady knew how her illness would progress.
Her wish was was for her to die surrounded by her things and familiar surroundings at home.
By the time she was near the end of her illness, I was totally exhausted both physically and metally by the strain of caring for her. I was running on empty and then some.
...and then the professionals told me it would be better if she was moved to a hospice for both Marion's and my best interests.
...and I have to say, were it not for that living will, her wishes would not have been carried out to the letter.
I also have to say, In the period of bereavement and recovery from loss which took years, I often asked myself if I had done enough.
...and without that living will, I would have been sore pressed for the comfort of answering that in the affirmative.
In that last year of her illness when she couldn't move, see, speak or communicate an extract from her student nurse's notes was tacked to her bedroom door for all to see before they entered within.
I think they were very relevant to Marion and to all who have therein, their wishes to be fulfilled in their living will.
"I have the right to be treated as a living being until I die.
I have the right to be cared for by those who can maintain a sense of hopefulness, however changing this may be.
I have the right to express my feelings and emotions about my approching death in my own way.
I have the right to discuss and enlarge my religious and spiritual experiences, regardless of what they may mean to others.
I have the right to retain my individuality and not be judged for my decisions, which may be contrary to the beliefs of others.
I have the right to be cared for by caring, sensitive, knowledgeable people who will attempt to understand my needs and who will be able to gain some satisfaction in helping me face my death.
I have the right to have my questions answered honestly.
I have the right not to be deceived.
I have the right to expect my wishes to be carried out, though I may not be able to affirm them.
I have the right to expect continuing medical and nursing attention, even though 'cure' goals must be changed to 'comfort' goals.
I have the right to be free from pain.
I have the right to die in peace and dignity.
I have the right not to die alone.
I have the right to expect that the sanctity of the human body will be respected after my death.
I have the right to have help from and for my family in accepting my death.
SR - if you go onto the Scottish Court Services website, you see that the Office of the Public Guardian exists in Scotland ( based in Flakirk) and it may well be worth exploring these issues with them. They do meet with the public and various carer bodies to discuss the latest legislation and it's impact. I know they would be happy to help if approached
Hi SR and wisnaeme.
Thanks for the headsup on this one.
Another labour total control system and a total rip off of those who cannot protect themselves.
This government is much more greedy than most families would be, a family could be left with literally nothing under this system and then what??
The Treasury would benefit though.
D.
Wisnaeme, what a touching post. Guilt is something that is part of love you know, because if you hadn't loved her you wouldn't feel guilty.
We all do the best we can do in these circumstances and it's later, when it's all over, small details spring to mind and the guilty surfaces.
Go with the flow because it's just part of the grieving process.
I'm going to copy Marion's notebook page and put it in the codicil when I see my lawyer friend on Friday.
Thanks very much.
Thanks for that dram, I'll have a look at it. As I told wisnaeme, I'm seeing my legal friend this week so he also may be able to enlighten me.
My mother, my brother and myself agreed last year that she should appoint one of us as her power of attorney. Luckily she remains mentally pretty normal, but her physical condition has been deteriorating for some years (wonky hips, dicky heart and accelerating macular degeneration so she is now almost blind). Because I live for about 2/3 of the year in Scotland (my older brother lives abroad permanently), not too far from where she lives/lived, she chose me to be her PoA, along with one of her oldest friends as cover for when I am not around; this was to formalise an informal arrangement we have had for a few years (because of her increasingly poor eyesight) under which I had been helping her with her accounts nad financial affairs. This was organised earlier this year by her solicitor (I use another partner in the same firm for my own needs) and the OPG has issued me and my co-attorney with the relevant documentation. In May this year our mother moved to a residential and nursing home, because her physical ailments were making it increasingly difficult for her to cope at home, even with the pretty extensive help she received from social services, privately-employed help and friends and neighbours; the PoA allowed me over the past several months to do all the things that need to be done when someone moves into residential care (accounts, bills, setting up the arrangements for paying for her residential care, etc). Basically that initial stage is over (thank goodness!), but what it would have been like without the formal PoA I hate to think. If she were mentally impaired it would have been a real nightmare without it.
I'd recommend some kind of 'living will' or PoA contingency arrangement for everybody. Unfortunately unexpected events can happen in any of our lives - if it is left until that happens, then it is too late. The State has become far too clever (specially under the present crowd of shysters!) at taking far too much power unto itself. With luck our mother will be around for a good few years yet and both my brother and myself have the comfort of knowing she is in a decent place where she is being given the care she needs and is happy.
Good luck with your plans Subrosa.
Bill
Of course the treasury will benefit Apogee and it will help pay for all these public servants who aren't needed.
wisnaeme, very moving, thank you.
As with the Driving Standards Agency, CAFCASS and all the other 'self-financing' agencies and quangos it will be in the best interest of the Court Of Protection to create as many failures and problems as possible since they fund their own expansion and the lavish remuneration of its employees.
I never thought about it that way banned but it makes sense.
Bill, apologies, I didn't see your post until now.
It is very worrying Bill to think the state can step in to anyone's life if they don't have a piece of paper to keep them out.
As I said in the post, this could also affect younger folk - say after an accident.
It's interesting to know that your family sorted things out before any troubles arose. That's what I intend to do too and of course, I hope the LW is never needed.
Pleased to hear your Mum is happy and comfortable. So many seem to end their lives alone and living without comforts.
Subrosa,
The affairs of the Incapacitated in Scotland are covered by Scottish legislation. You may find this link useful.
http://www.publicguardian-scotland.gov.uk/
I have blogged at length on this subject, I have more knowledge of it than I would wish!
http://www.annaraccoon.com/annas-personal-stuff/the-court-of-protection/
and again.....
http://www.annaraccoon.com/annas-personal-stuff/what-is-the-measure-of-a-society/
Many many thanks Anna, my search skills aren't nearly as good as yours.
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