There may be many reasons why you are unable to deal with your affairs. For example, you may be physically unable to collect your pension or you may acquire an illness or disability that limits your ability to make decisions. If you become incapable of dealing with your affairs, for whatever reason, there are various legal arrangements you can make to have someone else do these things on your behalf.
The choice of legal arrangements open to you depends on your precise circumstances. Some of the arrangements are very simple to make and have limited effect, for example, appointing an agent to collect your social welfare payment. Others are much more complex and require the help of legal and medical professionals, for example, executing an enduring power of attorney. It is advisable to take legal advice before entering into the more complex arrangements.
With the exception of the Wards of Court procedure, you must make all of these arrangements while you are mentally competent. Some arrangements are only effective while you remain mentally competent, some continue even if you become mentally incompetent, while others, specifically the enduring power of attorney, are designed for dealing with the situation that arises when you cease to be mentally competent. The Wards of Court procedure differs from all the others in that it may be imposed on you.
The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 but has not yet been commenced to bring it into effect. When it is commenced it will provide for new legal arrangements by which people can be assisted to make decisions about their welfare and their property and affairs. This assistance and support is particularly required where the person lacks, or may lack, the capacity to make the decision unaided.
The new arrangements include Assisted Decision-Making and Co-Decision-Making and a process is also set out for a court to appoint a Decision-Making Representative for an individual.
As well as introducing new decision-making procedures, the Act sets out new arrangements for Wards of Court and for people who wish to make an enduring power of attorney. A Decision Support Service is to be set up within the Mental Health Commission to provide a range of functions in relation to the new arrangements.
The choice of legal arrangements open to you depends on your precise circumstances. Some of the arrangements are very simple to make and have limited effect, for example, appointing an agent to collect your social welfare payment. Others are much more complex and require the help of legal and medical professionals, for example, executing an enduring power of attorney. It is advisable to take legal advice before entering into the more complex arrangements.
With the exception of the Wards of Court procedure, you must make all of these arrangements while you are mentally competent. Some arrangements are only effective while you remain mentally competent, some continue even if you become mentally incompetent, while others, specifically the enduring power of attorney, are designed for dealing with the situation that arises when you cease to be mentally competent. The Wards of Court procedure differs from all the others in that it may be imposed on you.
The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 but has not yet been commenced to bring it into effect. When it is commenced it will provide for new legal arrangements by which people can be assisted to make decisions about their welfare and their property and affairs. This assistance and support is particularly required where the person lacks, or may lack, the capacity to make the decision unaided.
The new arrangements include Assisted Decision-Making and Co-Decision-Making and a process is also set out for a court to appoint a Decision-Making Representative for an individual.
As well as introducing new decision-making procedures, the Act sets out new arrangements for Wards of Court and for people who wish to make an enduring power of attorney. A Decision Support Service is to be set up within the Mental Health Commission to provide a range of functions in relation to the new arrangements.