Advocacy
The word advocacy has many different meanings depending on what context or situation it refers to. Hopefully, the following information will highlight how important it is for a person living with Dementia to have an advocate; and what you they are legally allowed to do. In this instance, an advocate is someone who is usually independent from your carer and the services which support you, and can legally make decisions regarding your finances, assets and welfare on your behalf. Although you may be quite capable at the moment, there may come a time when you feel you can no longer deal with the Bank Manager, Estate Agent, or Council amongst others. At this point in time you can get your advocate to act on your behalf to carry out your instructions and wishes. If you do not have an advocate appointed, and you are deemed to be unable to make informed decisions regarding your affairs, then you may have an advocate appointed under the Mental Capacity Act and the Independent Mental Capacity Advocate Service (IMCA).
The financial things that you may wish to organise with your advocate are benefit claims, your pension(s), making a Will, making a property Will, Council Tax exemption / rebates, and having full control of your Bank Account(s). Welfare things could include organising day care / residential care, support workers, carers, and dealing with your medical arrangements / treatment.
Types of Advocacy
An advocate will make decisions regarding your welfare on an instructed or non-instructed basis depending on whether you are able to express your views clearly and communicate effectively or not. If you can communicate well, then instructions can be given, and the advocate will act on an instructed basis, relating information back to you and keeping you up to date with progress, and reviewing instructions whenever required. If you cannot communicate for a particular reason, whether it be a temporary incapacity or as a result of the later stages of Dementia, then your advocate will work on a none-instructed basis and can work with your best interests in mind without receiving a formal instruction from yourself.
Mental Capacity Act
The Mental Capacity Act was put in place in 2005 to set down laws to protect people with mental health problems who had problems making decisions for themselves. In April 2007 the Independent Mental Capacity Advocate Service (IMCA) was also brought in. These Acts gave a statutory right to advocacy, and also opened up many new areas for other forms of advocacy, although the IMCA is only applicable to a limited number of people in very specific circumstances. Up until April 2007, a person appointed as a legal advocate was referred to as an Enduring Power of Attorney (EPA). When the IMCA was brought in in April 2007, the role of Lasting Power of Attorney (LPA) was introduced to replace the existing Enduring Power of Attorney role. Anyone appointed as an EPA before April 2007 remained so, but all new applications for advocacy would be granted under the new title of LPA. Anyone given a LPA must be registered with the Office of Public Guardian before it can be used, and the person granting the LPA must have the capacity to do so at the time of approval. This is why it needs to be done well in advance. There is provision within the IMCA to supply advocacy services although there is no specific allowance for a person with Dementia!
Lasting Power of Attorney (LPA)
There are two different types of LPA.
- Property and affairs LPA is for decisions about finances, such as selling a house or managing a bank account.
- A personal welfare LPA is for decisions about both health and personal welfare, such as where to live, day-to-day care or having medical treatment.
What's Available
Most City Councils do not directly fund advocacy as such, but most areas will have a good community and voluntary sector that may be able to help. In Liverpool, for example, there are no specific advocacy services either for people experiencing Dementia or for older people, although The Advocacy Rights Hub has been set up in conjunction with Liverpool City Council to give help and advice when dealing with advocacy matters. Their website can be found by clicking here. Other areas of the UK may have alternative options so please investigate further within your locality.
