Glossary

An advocate speaks up for others and helps them represent their own interests so they can make their voices heard, ensure their rights are secured and upheld and obtain the services they need.

A Government payment contributing towards the extra costs incurred by those who need additional support due to a disability or health need. It is paid at two different rates, depending on the level of support required.

A trusted individual legally authorised by someone to act on their behalf for business, legal or any other matters, either professionally or privately.

A multidisciplinary body that meets to make a specific decision around a patient’s care / treatment, when that person is deemed to lack the mental capacity to make that decision for themselves.

An assessment undertaken by an unbiased individual or company to determine what care is necessary, whether it is being provided satisfactorily and what improvements or alternatives might be required.

Care Provider / Care Company – a company or organization providing care and carers.

(CQC) – The independent body which regulates all health and social care services in England.

A care package, fully-funded by the NHS, which some people are entitled to receive as a result of disability, accident or illness. It covers the full cost of the person’s care and residential accommodation and, unlike Local Authority funding, it is not means tested.

Based in London, the Court of Protection makes decisions on financial or welfare matters for individuals who lack the mental capacity to make decisions at the time they need to be made.

Care Quality Commission – The independent body which regulates all health and social care services in England.

Where a person intentionally deprives themselves of or decreases their assets in order to reduce the amount they are charged for their care by the Local Authority.

An individual with the authority to make decisions on behalf of an individual (Donor) who has lost the capacity to care for and make decisions for themselves. A Deputyship Order often takes effect when there is no Lasting Power of Attorney in place.

A DNACPR (Do Not Attempt Cardiopulmonary Resuscitation (CPR)) or DNR (Do Not Resuscitate) order is a legal process in which a patient stipulates on their file that a doctor is not required to resuscitate them in the event of their heart stopping. These orders are often used to prevent patients suffering from negative effects which resuscitation may cause.

A DNR (Do Not Resuscitate) or DNACPR (Do Not Attempt Cardiopulmonary Resuscitation (CPR)) order is a legal process in which a patient stipulates on their file that a doctor is not required to resuscitate them in the event of their heart stopping. These orders are often used to prevent patients suffering from negative effects which resuscitation may cause.

Deprivation of Liberty SafeGuards (DoLS) – Part of the Mental Capacity Act 2005, these safeguards aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.

Services put in place to care for and support an individual in their own home. Normally undertaken by visiting carers.

In this context, the Donor is the person who has transferred authority over their own life and decisions to someone else (the Attorney or the Deputy.)

Aimed at homeowners aged 55 or over, Equity Release allows you to take some of the value of your home as cash. The amount you can release is based on your age and the value of your home. The funds from an equity release can be released as a lump sum, in smaller instalments or a combination of both

An individual or institution appointed to carry out the terms of a will.

Financial Adviser / Independent Financial Adviser (FA/IFA) – a professional qualified and authorised to give financial advice. The authority to give financial advice to older people requires a special qualification.

Financial Adviser – a professional qualified and authorised to give financial advice to clients.

• A Financial Adviser (FA) is generally tied to a single service provider and will only offer that provider’s products
• An Independent Financial Adviser (IFA) acts independently of service providers and can offer independent advice on products from all sources.

Also known as a means test, a Financial Assessment determines what, if anything, your local authority can pay towards the costs of your care, based on your income, capital and savings.

Health & Welfare LPA (Attorney) – gives the Attorney the authority to make decisions over the Donor’s life including where and how they live, their care needs and provision and all medical matters. Importantly, this LPA can only be activated when the Donor has lost the mental capacity to deal with such matters themselves.

Financial Adviser (FA/IFA) – a professional qualified and authorised to give financial advice. The authority to give financial advice to older people requires a special qualification.

• A Financial Adviser (FA) is generally tied to a single service provider and will only offer that provider’s products
• An Independent Financial Adviser (IFA) acts independently of service providers and can offer independent advice on products from all sources.

The authority not only to act on the Donor’s behalf but also to make decisions over their life and affairs. An LPA can be of two different types:

Property & Financial Affairs LPA (Attorney) – gives the Attorney the authority to deal with paying the Donor’s bills, buying and selling their property and managing their bank accounts, investments, welfare benefits, tax affairs etc. This LPA can apply irrespective of the Donor’s mental capacity.

Health & Welfare LPA – gives the Attorney the authority to make decisions over the Donor’s life including where and how they live, their care needs and provision and all medical matters. Importantly, this LPA can only be activated when the Donor has lost the mental capacity to deal with such matters themselves.

Care provided to vulnerable or disabled individuals in their own homes by live-in carers.

Lasting Power of Attorney

The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.

(OPG) – The OPG helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves. The OPG manages and provides the legal basis for Deputyships, Attorneyships etc.

Office of the Public Guardian – The OPG helps people in England and Wales to stay in control of decisions about their health and finance and make important decisions for others who cannot decide for themselves. The OPG manages and provides the legal basis for Deputyships, Attorneyships etc.

Property & Financial Affairs LPA (Attorney) – gives the Attorney the authority to deal with paying the Donor’s bills, buying and selling their property and managing their bank accounts, investments, welfare benefits, tax affairs etc. This LPA can apply irrespective of the Donor’s mental capacity.

ReSPECT (Recommended Summary Plan for Emergency Care and Treatment) is a process designed to plan a person’s clinical care in the event of an emergency when they might be unable to make or express their choices. It consists of a document, held by the patient, that is completed following an Advance Care Planning conversation between the patient and a healthcare professional. Like a DNACPR (DNR) form, it’s not legally binding – professionals still need to use clinical judgment and may decide not to follow the recommendations.

A group of solicitors and lawyers who specialize in the particular questions and challenges faced by older people and their families.

Solicitors for the Elderly – A group of solicitors and lawyers who specialize in the particular questions and challenges faced by elderly people and their families.