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Lacking capacity for H&W but retaining capacity for Finances

MartinWL

Registered User
Jun 12, 2020
327
For an independent capacity assessor start your search at
Thanks, potentially useful, but mostly these seem to be advocates. An advocate is a bit different from an assessor, an advocate fights the corner of one person, I might need a referee!
 

NHB

Registered User
Aug 8, 2020
22
Hi all. Wondering whether it is fairly common for someone to be deemed to have capacity for their finances but not for their own health and welfare? Somehow I expected it to be the other way around. Not only that but when a person is unable to actually take care of their finances anymore and has become reliant on someone else helping I don't understand how they can be deemed to have capacity. Social Worker said it is a problem as they have to strictly adhere to the Mental Health Act and to pass the financial capacity assessment all that is effectively required is that the person is able to remember the question long enough to answer it, even if the answer is wrong. So for instance 'how do you pay for the shopping that someone else does for you'. Answer 'I pay by cheque'. No shopping has ever been paid for via the writing of a cheque since the person had their driving licence revoked and was unable to shop for themselves which is approximately 3 years ago. The other thing that is unhelpful is although the LPA for health & welfare has become active for the attorney, when someone has sufficient savings that they need to pay for their care but don't recognise they need care and aren't willing to pay for it . how does the attorney ensure they are taking care of someone's care needs? All seems back to front to me. Does anyone have any experience of this and is there an 'average' sort of timescale from loss of Health and Welfare capacity to losing financial capacity as well? Wondering whether likely to months or could be many years.
 

NHB

Registered User
Aug 8, 2020
22
Hi all. Wondering whether it is fairly common for someone to be deemed to have capacity for their finances but not for their own health and welfare? Somehow I expected it to be the other way around. Not only that but when a person is unable to actually take care of their finances anymore and has become reliant on someone else helping I don't understand how they can be deemed to have capacity. Social Worker said it is a problem as they have to strictly adhere to the Mental Health Act and to pass the financial capacity assessment all that is effectively required is that the person is able to remember the question long enough to answer it, even if the answer is wrong. So for instance 'how do you pay for the shopping that someone else does for you'. Answer 'I pay by cheque'. No shopping has ever been paid for via the writing of a cheque since the person had their driving licence revoked and was unable to shop for themselves which is approximately 3 years ago. The other thing that is unhelpful is although the LPA for health & welfare has become active for the attorney, when someone has sufficient savings that they need to pay for their care but don't recognise they need care and aren't willing to pay for it . how does the attorney ensure they are taking care of someone's care needs? All seems back to front to me. Does anyone have any experience of this and is there an 'average' sort of timescale from loss of Health and Welfare capacity to losing financial capacity as well? Wondering whether likely to months or could be many years.