LAW
legally speaking...
They apply in England and Wales only. The Mental A variety of professionals can now contribute to Capacity Act allows restraint and restrictions to such assessments and a new role of an Approved be used – but only if they are in a person’s best Mental Capacity Professional (AMCP) will be interests. Extra safeguards are needed if the created under the new legislation. To protect restrictions and restraints used will deprive a a person’s rights a pre-authorisation review person of their liberty. These are referred to as the must take place, they must meet the person Deprivation of Liberty. The current legislation has whenever there is reason to believe that person only permitted such safeguards to be used if the does not wish to stay in the proposed setting, person is in specific care settings, notably a care and in all cases where the proposed setting is an Our regular law column with home or hospital. These institutions must seek independent hospital. permission from the Local Authority in order to One key point of note is that the current deprive a person of their liberty. This is referred to appointment of a Relevant Person’s Representative as a request for “Standard Authorisation.” There (RPR), usually a family member, can also be a paid Need aa fast Want leave Require a aauthority to ensure are six assessments which havetoto take place advocate selected by the local Need fast Want to leave Require before a standard authorisation canaffairs be granted. wishes and feelings and effective your affairs inin the person’sprompt and and effective your prompt andare paramount Ifbuying a standard authorisation is given, one likely and to support the person and help them to solution to buying order but not efficient service solution to order but not efficient service Need a fast Want to leave Require a safeguard is that the person has someone challenge the authorisation. or selling your sure where to to deal with your or selling youryour affairssure to deal with your and effective in where toprompt and appointed with legal power to represent From April 2022 this will become an commercial home? start? commercial “Appropriate solution tohome? buying order butstart? not efficient service them. This is called the “relevant person’s Person” andtransactions? must never include payment. The transactions? or selling your sure where to to deal with your Need aa fast Want toto Need fast Want Require representative” and will usually beleave aleave family responsible Require body could alsoabeaa local authority or home? and start? commercial effective your affairs in prompt and effective your affairs in prompt and member or friend. Other safeguards include NHS body when arrangingand this process. transactions? solution to buying order but not efficient service solution buying orderin but notofRequire efficient or those of you who support and visit loved torights to challenge the Court What this is that service families need to Need a fast Want to authorisation leave a means oryou selling where totoprompt toto deal with your ones in hospital or care homes, may have your Protection, accesssure to Mental be informed and vigilant of their rights and or selling your sure where deal with your and effective yourandaffairs inIndependent and home? start? commercial been asked or informed that they are subject Capacity Advocates (IMCA). knowledge of the revised legislation as potentially home? start? commercial solution toOffering buying order but not efficient service tailored, individual legal solutions inin the areas of:of: Offering tailored, individual legal solutions the areas to a DOLS order. DOLS is an abbreviation for In July 2018 the Government published a Mental many more individuals may be subject to such transactions? transactions? or selling your sure where to to deal with your Need of a fast Want to leave Capacity (Amendment) Require a Bill which will see DOLS “Deprivation Liberty Safeguards.” Such orders restraints. Seeking advice and support may Residential Human Rights and Judicial Review Residential Conveyancing Human Rights and Judicial Review home? start? commercial and effective your affairs in Conveyancing prompt and Offering tailored, individual legal solutions in the areas of: are required when a person lacks capacity to make replaced by the Liberty Protection Safeguards become increasingly necessary to ensure a solution to buying order but not efficient service Commercial Property Mental Health Law Commercial Property Mental Health Law transactions? or selling your sure whereinto (LPS). The new to deal with yourinto effect in April their own decisions and are required to remain system comes person’s human rights under Article 5 of the Company Commercial NHS Continuing Healthcare Company Commercial NHS Continuing Healthcare Conveyancing Human Judicial commercial a placehome? of safety. Residentialstart? 2022 and therefore it is essential for Rights both careandHuman RightsReview Act. The Act states, “Everyone has transactions? Litigation Assessments and Appeals Litigation Assessments and Appeals Commercial Property Health For obvious reasons care providers are not legally providers and individuals areMental aware of their rights.Lawthe right to liberty and security of reason. No one Offering tailored, individual legal solutions in the areas of: Offering tailored, individual legal solutions in the areas of: Wills, Estate Planning and Probate Social Care Assessments and Wills, Estate Planning and Probate Social Care Assessments and Commercial changes NHS Continuing permitted to lock theirCompany doors and prevent residents There are many significant not least that Healthcare shall be deprived of his or her liberty (unless) in Need a fast Want to leave Require a Lasting Powers ofof Attorney representation Lasting Powers Attorney representation Litigation Assessments and Appeals from leaving because this could be deemed to bein such safeguards will include setting accordance with aJudicial Procedure prescribed in Law.” Residential Conveyancing Human Rights and Review Residential Conveyancing Human Rights and Judicial Review and effective your affairs prompt and “any” common Deputyship applications Access toto Medical Records Offering tailored, individual legal solutions in areas of: Deputyship applications Access Medical Records Wills, Estate Planning Probate Social Care Assessments and false solution imprisonment. However, many care homes including theefficient person’s own home. Thisthe may include Should you require any assistance with to buying order but notand service Commercial Mental Health Law Offering tailored, individual legal solutions in Property the areas of: Commercial Property Mental Health Law or selling your sure where to foster toand deal with Professional appointment ofofyour Arrangement ofof Care Provision Professional appointment Arrangement Care and hospital wards do have a locked door homes residential college placements. anything mentioned inProvision this article please Lasting Powers ofpolicy Attorney representation Company Commercial NHS Continuing Healthcare Residential Company Commercial Nand HS Continuing Healthcare Human Rights commercial and Judicial Review Conveyancing Residential Conveyancing Human Rights Judicial Review home? start? Attorneys and Deputies Health and Welfare Advocacy Attorneys and Deputies Health and Welfare Advocacy Commercial Property Mental Health Law with only keypad or door entry systems. The current DOLS only applies to one setting do not hesitate to call Deputyship applications Access to Medical Records transactions? Litigation Assessments and Appeals Litigation Assessments and Appeals Anne Reed on Commercial Property Company Commercial NHS Continuing Healthcare Mental Health Law What many people not appreciate and indeed and lapses automatically if the person moves. 01822 612535. do Professional appointment of Arrangement of Care Provision Wills, Estate Planning Probate Social Care Assessments and Wills, Estate Planning and Probate Social Care Assessments and Litigation Assessments and and Appeals Company Commercial NHS Continuing Healthcare some institutions, that such systems are only The new LPS will cover authorisation of different Wills, EstateisPlanning and Probate Social Care Assessments and Attorneys and Deputies Health and Welfare Advocacy representation Lasting Powers of Attorney representation Lasting Powers of Attorney Litigation Assessments and Appeals Lasting Powers of Attorney legally permitted on the basis of ensuring each representation settings, e.g. home and respite care or for planned Deputyship applications Access toto Medical Deputyship applications Access Medical Records Deputyship applications Access to areas Medical Records Social Care Wills, Estate Planning and Probate Assessments and Records Offering tailored, individual legal solutions in the of: individual has been assessed and permission hospital admission. “Thank you for all your expert and Professional appointment “Thank you for all your expert and of Arrangement of Care Provision Professional appointment of Arrangement of Care Provision Professional appointment of representation Arrangement of Care Provision Lasting Powers of Attorney Residential granted to in effect detain a person for reasons Theand current sixJudicial assessments will be replaced Conveyancing Human Rights and Review Attorneys and Deputies Health Welfare Advocacy timely advice. The support and timely advice. The support and Attorneys and Deputies Health and Welfare Advocacy Attorneys and Deputies Health and Welfare Advocacy Commercial Property Mental Health Law Deputyship applications Access to Medical Records granted by an order for their ownkindness safety and inshown with three assessments under the headings of throughout such kindness shown throughout such Company Commercial NHS Continuing Healthcare We can deliver prompt and effective “Thank you all your expert and Professional of Capacity, Decisions, Arrangement afor stressful period was invaluable. stressful period was invaluable. their best interests. Where anChilcotts order isaappointment not in place “Mental Mental Necessaryof Care Provision LitigationClient Law File Name 8100 Chilcotts Law Magazine Advert Amend Assessments and Appeals solutions to all your legal requirements timely - advice. The support and Artworker Finished Size 157x226.5mm Your firm will certainly come with Your firm will certainly come with Wills, Estate Planning and Probate Social Care Assessments and Attorneys and Deputies Health Welfare Advocacy then this would be deemed to be unlawful. and Proportionate.” This will make itand far easier Creative Mike Lane Artwork % 100% Proof Stage “Thank you for Director all your expert and PRINT kindness shown throughout such Anne Reed Modificationof Date 06/10/16 9:45AM Bleed 3mm the highest recommendation toto our Lasting Powers Attorney the highest recommendation oursuch as those timely advice. The support and The Deprivation Liberty Safeguards is was an representation to use valid existing assessments Solicitor Director aofapplications stressful period invaluable. 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