Adults with incapacity reform: easy-read version of consultation

5. Powers of Attorney and Official Supporter

Powers of Attorney

When an adult chooses another adult to make decisions for them, this is called a power of attorney.

We think this is a good way of protecting an adult's interests, but the law is unclear about how or when the power to make some decisions about an adult's care and welfare should be used.

There is also a worry that the law does not do enough to protect adults with incapacity from having their freedom taken away if one person has the power to make decisions about this.

We think a power of attorney must be clear about when it can be used.

We think a power of attorney can only be used to take a person's freedom away if the power of attorney has clear rules allowing this. These rules are called advance consent.

Questions:

Do you agree that we need clearer rules about how the power of attorney should be used? Do you think the use of advance consent will help with this?

Yes
No

Please tell us about this in the box below.

Official Supporter for Decision Making

Sometimes a person might need some help and support to make a decision about their lives and would like to involve a family member or friend they trust.

Other countries have laws that let a person choose another adult to support them in making decisions.

We think that an adult should be able to have an official supporter who can help them understand situations and make decisions. The supporter would not be able to make decisions for the adult. We would like your ideas on how this might work.

Questions:

Do you think it would be a good idea to have Official Supporters?

Yes
No

Please tell us about this in the box below.

Do you think 'Official Supporter' is the right name for this role?

Yes
No

If you said no, can you think of a better name?