Mental Health and Care of the Elderly
Mental Health & Care of the Elderly
J.D. Scanlon & Co LLP provides bespoke advice to the Health Service Executive and to private clients in relation to the areas of Mental Health law and the law regarding the Care of the Elderly.
Please contact our office to speak with a member of our Healthcare Team if you are seeking advice on any of these matters including:
- Decision Support Service
- Nursing Homes Support Scheme “Fair Deal”
- Mental Health
- Enduring Power of Attorney
- Advance Healthcare Directive
- Assisted Decision Making
Decision Support Service
The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Assisted Decision-Making (Capacity) Act 2015 provides for new legal arrangements by which people can be assisted to make decisions about their welfare and their property and affairs. This assistance and support is required where the person lacks, or may lack, the capacity to make the decision unaided.
The new arrangements include Assisted Decision-Making and Co-Decision-Making and a process is also set out for a court to appoint a Decision-Making Representative for an individual.
As well as introducing new decision-making procedures, the Act sets out new arrangements for Wards of Court and for people who wish to make an enduring power of attorney.
Nursing Homes Support Scheme "Fair Deal"
The Nursing Homes Support Scheme, also known as the “Fair Deal”, provides financial support to people who need long-term nursing home care.
Under this scheme, a recipient of nursing home care makes a contribution towards the cost of their care and the HSE pays the balance. The scheme covers approved private nursing homes, voluntary nursing homes and public nursing homes.
Our Healthcare Departments has extensive experience in providing bespoke advices in relation to the Nursing Homes Support Scheme to private clients and also to the HSE.
Recent experience includes:
- Recent experience includes:
advised the HSE on the setting-up of the Nursing Homes Support Scheme. - advise the HSE on a daily basis in relation to the implementation of the Nursing Homes Support Scheme.
- centralised law firm in Ireland responsible for reviewing title documentation with a view to determining whether a charge can be placed on an applicant’s property.
- advise the HSE on a daily basis in relation to the collection of monies which are due and owing to the HSE as a result of the non-payment of monies which become due and owing as a result of the non-payment of nursing home charges.
We are perfectly positioned to provide legal advice to private clients in relation to the Nursing Homes Support Scheme 2009 given our extensive experience in dealing with the Scheme.
Mental Health
We know how stressful mental health law issues can be, not just for individuals, but also for their friends and family. We can advise you in an approachable and sympathetic way.
We will use clear language in all our dealings with you. We recognise that it may not always be easy or practical to call to our office and we are happy to arrange hospital visits.
When you instruct us you can be confident that your case will be handled by an experienced solicitor, and we will always act in your best interests.
- Representation at Mental Health Tribunals.
- Advising patients and families in relation to treatment in hospital.
- Judicial review of unlawful decisions.
- Advising patients and relatives in relation to the provisions of the Mental Health Act.
- Acting in appeals where mental health is an issue.
- Advising patients in relation to capacity issues
Enduring Power of Attorney
An Enduring Power of Attorney is a document which allows a person to make arrangements for how their affairs will be managed if they become mentally incapacitated. This legal document allows you to choose the individual(s) (known as Attorney(s)) to act on your behalf if and when that time comes.
The Attorney(s) can be appointed to make financial decisions on your behalf such as the maintenance of bank accounts, selling and making investments, paying bills, and buying and selling property. You can also allow Attorney(s) to make personal decisions on your behalf, such as where you should live and with whom you should live with, whom you should see and not see, the type of training and rehabilitation you should get, your diet and the way you dress, who should be allowed to inspect your personal papers, and decisions in respect of housing, social welfare and other such benefits.
Many find that creating an Enduring Power of Attorney gives them peace of mind, knowing that their personal and financial decisions will be taken care of should they lose the capacity to do so themselves. If this is something you are considering or would like to find out more about it, it is important that you do so sooner rather than later as an Enduring Power of Attorney needs to be prepared at a time when you are of good health and of sound mind.
Our Healthcare Department has extensive experience in creating enduring power of attorneys. Marie Gormley, Dermot Scanlon and Mark Scanlon have experience in dealing with contentious litigation regarding the registration of Enduring Powers of Attorney while acting for both private clients and the Health Service Executive.
Healthcare Directive
An Advance Healthcare Directive is a statement you can make on the type of medical or surgical treatment you want or do not want, if you are unable to make these decisions in the future. It only comes into force if you lose capacity and you can no longer communicate your decisions yourself.
An Advance Healthcare Directive provides direction to healthcare professionals to care for you according to your specified wishes, and clarity to families about the care you requested.
The Assisted Decision-Making (Capacity) Act 2015 sets out a system of supports for adults who have difficulties with decision-making capacity.
A legal framework for Advance Healthcare Directives in Ireland is also set out in the Act, but this has not yet been commenced (not yet in operation).
Please Note whilst every care has been taken with the accuracy of the above, this guide has been prepared for information purposes only and should not be regarded as a definitive legal document.