Mental capacity

In some cases the person moving into a care home may not have mental capacity. Mental capacity refers to our ability to make decisions for ourselves, act on them and remember them. Some people may have had limited capacity all their lives if they have a significant learning disability. Others may have a diminishing capacity caused by a progressive illness such as dementia or someone could suddenly lose capacity after a stroke or an accident. Often, someone can manage some tasks well, but needs help to make certain types of decision or do certain tasks. Mental capacity can change in the short and long term, varying from day to day, or throughout the day. All care home residents should be encouraged to make or be involved in decisions about their lives where possible, with support if necessary.

Power of Attorney

It is a common misconception that if someone becomes unable to make decisions for themselves then their next of kin or other family member can make decisions for them. This is not true. Nobody has an automatic right to make decisions for someone else. If someone moving into a care home has mental capacity, this can be a good time to discuss setting up a Power of Attorney with them. A Power of Attorney is a legal document that grants someone the right to make certain decisions on behalf of another person. There are two types of powers that can be granted, Continuing (financial) and Welfare powers. A Continuing Power of Attorney covers money and property matters. It can be set up to start if the granter loses capacity to make their own decisions, or straight away of they want someone to be able to help with their financial affairs even while they have capacity. A Welfare Power of Attorney covers health and care matters. It can only come into effect if the granter loses capacity to make their own decisions. Without a Power of Attorney document in place, someone will need to go to court to apply for Guardianship in order to make decisions on the care home resident’s behalf. This can be a stressful and expensive process. For more information on mental capacity and legal arrangements that can be put in place see Age Scotland’s information guides A Guide to Mental Capacity in Scotland, A guide to Power of Attorney in Scotland and Legal options for someone who has lost capacity.