§ Lord Pearson of Rannochasked Her Majesty's Government:
Further to the Written Answer by the Lord Sewel on 16 December (WA 154), what role they see for the families of incapable adults in the areas covered by the Answer. [HL399]
§ Lord SewelThe Government see an important role for the families of incapable adults in the proposals to reform8WA the law in this area that I announced in my Written Answer on 16 December (HL 192). The changes proposed will enable family members to play a more appropriate part in making decisions on financial or personal welfare matters, on behalf of an adult who does not have the capacity to do so. The new statutory framework will protect the interests of both the adult who lacks capacity and those taking decisions on his or her behalf.
People who wish to make arrangements for decisions to be taken on their behalf may appoint an attorney, who is often a close family member. The Government's proposals recognise for the first time that attorneys may be appointed to take decisions on personal welfare, as well as on financial matters, as the two types of decision are often linked. The proposals also provide for registration of powers of attorney that are to continue on the incapacity of the donor and thus allow public scrutiny of these arrangements, to ensure that the donor's interests are being protected.
The Government's proposals for access to funds from the bank accounts of adults who lose capacity are designed specifically to ease current difficulties experienced by carers at home when funds are frozen because the account holder becomes incapable of operating the account. Under the proposals, family members providing care may be granted authority through a simple application to the public guardian to have funds transferred from the incapable adult's account to a designated account, which the carer would then operate to meet daily living expenses. It is also proposed that, in agreed circumstances, joint account holders should continue to have authority to operate a joint account, where the other account holder becomes incapable of doing so. This will in particular assist couples with joint accounts should one account holder lose capacity.
The proposals for local authorities and health boards to authorise managers of residential establishments to manage the funds of residents who are incapable of so doing will provide reassurance for both residents and family members that residents' funds are being properly managed and accounted for.
A broad and flexible system of one-off intervention orders and longer term guardianship is proposed with appropriate welfare or financial powers as ordered by the sheriff court. This will be of great benefit to the families of incapable adults. For example, they will be able to apply for an intervention order for one-off decisions about matters such as the disposal of property that is owned jointly with an adult incapable of taking such decisions. Family members will also be able to be appointed guardian by the court with appropriate powers tailored to the needs of the adult without capacity.