The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
The MCA was the first Act of Parliament to be built upon a set of principles – firm foundations to underpin the ethos of empowering and yet protecting people within a decision making framework.
The radical change in the starting point - where capacity is presumed unless shown otherwise - has promoted the independence and involvement of more people in their own affairs, and for a much longer period of time, and to a considerably greater extent. There is still much to learn and to implement, not least in how this should impact on the day to day reality for individuals with impaired capacity - especially with institutions whose systems are geared towards a ‘yes or no’ approach rather than a more nuanced and individualised attitude.
At Anthony Collins Solicitors, our approach to clients for whom we act as Deputy seeks always to put the individual at the centre. We know it is often the ‘little things’ that make the biggest difference to a person’s life and sense of being valued. We recognise that a diagnosis which impacts on the ability to understand will affect each person in a unique way – and that no two people and no two expressions of an illness or injury are the same.
With this in mind, we decided to round off our celebrations of the 10th Anniversary of the MCA in our own way. Rather than simply offer a retrospective for fellow professionals, looking at how the law has developed, we decided to concentrate on our clients – those with whom we walk daily, aiming to make a difference.
So what better way to celebrate than with a party? Tea, cake, magic, balloons and good company were the order of the day, and we were delighted to welcome over 50 people – clients and their supporters, carers, family and friends - to our tea party.
It was a truly memorable day with moments that will make us – and hopefully our clients – smile well into the next 10 years.
We look forward to working with you, and the people who are important to you, where loss of or impaired capacity is an issue.
For more information
Please contact Donna Holmes.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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