Managing someone else's affairs

If you care for someone else there may come a time when you have to manage their affairs.

Mental Capacity

The Mental Capacity Act 2005 aims to protect people aged 16 and over who are unable to make certain decisions for themselves, perhaps due to learning disabilities, mental health problems or because of an illness, for example dementia.

The Mental Capacity Act enables people to choose someone to manage their finances and property should they become incapable of doing so and also to make health and welfare decisions on their behalf. This needs to be carefully thought out and the best way to do this is to plan for the future by drawing up a legal agreement known as a Lasting Power of Attorney (LPA).

What is a Lasting Power of Attorney?

There are two types of LPA:

• Property and Affairs LPA  - this enables you to make decisions on someone else's behalf about their property and affairs when they are no longer able to do so.This can include paying bills, managing a bank account or selling property. 
   
• Personal Welfare LPA  - this enables you to make decisions on someone else's behalf about their health and personal welfare, such as giving consent to medical treatment or deciding where they should live.

Anyone aged 18 or over with the capacity to do so can make an LPA and can appoint one or more attorneys to act in their best interest and consider their needs and wishes as far as possible. 

The Office of the Public Guardian (OPG) supports and promotes decision making for those who lack capacity or would like to plan for their future. They can advise how to prepare an LPA and it will need to be registered with them before it can be used. There will be a charge for this. You should be aware that a LPA is a powerful and important legal document and you may wish to get legal advice from a solicitor with experience of preparing them. You can phone the OPG on 0300 456 0300.

You can mind more information about the Mental Capacity and about LPAs on the DirectGov website or on the Ministry of Justice website (you will need to use the search facility).

Visit the DirectGov website

 

Visit the Justice website    

 

Useful contacts

Please note that links to websites will open in a new window.

Alzheimer's Society Stockport
Address: 292B London Road, Hazel Grove, Stockport SK6 4RD
Phone: 0161 483 4446
Fax: 0161 483 4446
Web: www.stockportalzheimers.org.uk
Email: info@stockportalzheimers.org.uk

Signpost Stockport for Carers
Address: The Heaton Centre, Thornfield Road, Heaton Moor. Stockport SK4 3LD
Phone: 0161 442 0442
Fax: 0161 947 4699
Web: www.signpostforcarers.org.uk
Email: info@signpostforcarers.org.uk

Stockport Dementia Care
Address: The Meadows, Owens Farm Drive, Offerton, Stockport SK2 5EQ
Phone: 0161 419 6016
Fax: 0161 419 6008
Email: ruth.mills@nhs.net