www.tidesoffortune.fora.pl

cheapbag214s

A Draft Bill for Consultation
People who need help to direct their supportSections 10 to 12 in the draft Bill
"Enabling risk in adult social care has no simple answer,[link widoczny dla zalogowanych]. No guidance or toolkit can outweigh the skilled judgement of practitioners who understand the balance between protecting individuals who need support while applying the values and principles of SDS,[link widoczny dla zalogowanych]."
39. The draft Bill underpins a new approach where individual choice and control becomes the norm,[link widoczny dla zalogowanych], not the exception. The majority of social care clients will be capable of engaging with this new way of doing things. In other words,[link widoczny dla zalogowanych], they will be able to decide how much control they wish to have and they will be able to make an informed choice. In particular,[link widoczny dla zalogowanych], significant challenges can be faced by people with mental illness,[link widoczny dla zalogowanych], people with learning disabilities, people who have severe head injuries or people with dementia. The adult in question may have a welfare or financial guardian or an attorney on hand to take important decisions for them. On occasion,[link widoczny dla zalogowanych], however, they will have no such formally appointed person to help them.
40. This part of the discussion document accompanies sections 10 to 12 within the draft Bill. These powers are not intended to affect Adults with Incapacity ( AWI) procedure. AWI would remain the sole route where a significant intervention is made into an incapable adult's affairs. Similarly the powers in the draft Bill would not affect obligations and powers relating to guardianship,[link widoczny dla zalogowanych], nor would they affect or in any way limit the right of people to take out a Power of Attorney. It is vital that everyone has access to flexible, person-centred support and sections 10 to 12 have been drafted to ensure that this is the case.
Safeguarding an adult's right in the first instance to direct their own support
41. The first priority should be to obtain an informed decision from the adult themselves. These are the type of steps that we have in mind under section 10,[link widoczny dla zalogowanych], sub-section 5 7
What should happen when someone cannot direct their own support?
42. Where it is clear that the adult cannot direct support on their own or even with support a person appointed by the adult themselves or by a court takes precedence over all others. This means that where the adult has a guardian or attorney and where that person has the relevant powers,[link widoczny dla zalogowanych], only the guardian or attorney would be able to take the relevant choices and make the necessary "self-directed support decisions". The "trigger point" for such delegated responsibility arrangements is defined under section 10, sub-section 1. The appointed person is defined as someone "appropriate" to direct an adult's support to their benefit. Deliberately, the Bill itself does not provide detailed provisions to expand on the appropriate definition on the face of primary statute. We do not intend to lay down complex procedures: the aim is to reduce unnecessary bureaucracy and complexity. We invite views on whether you think that such regulations would be needed and if so,[link widoczny dla zalogowanych], what they should contain.
Safeguards
44. In any situation involving people considered to be vulnerable, safeguards are important. The following bullet points summarise the range of safeguards that would accompany and surround the "appropriate person" provisions contained within the draft Bill.
The appropriate person would only be able to take decisions in respect of the adult's social care and support as it has been assessed under the 1968 Act. For example,[link widoczny dla zalogowanych], where an adult knows which mechanism they want but can't handle that mechanism on their own,[link widoczny dla zalogowanych], the appropriate person will not be able to change their choice, they will simply be able to step into the adult's shoes to administer the decision. The arrangements outlined here are intended to be clear, simple and proportionate. They recognise that capacity is not a black and white,[link widoczny dla zalogowanych], all or nothing issue. They recognise that not all people who have difficulty coming to or expressing an informed choice will have a guardian or attorney on hand to take decisions for them. At the same time, arrangements should not lead to wasteful or counter-productive bureaucracy,[link widoczny dla zalogowanych], nor a complex appointment procedure set down in primary statute. We would like to hear your views on whether you consider this a reasonable and proportionate way to address this question. Do you think that Section 13ZA should be amended in any way in light of this Bill?
相关的主题文章：

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]