Luciana Berger – 2016 Parliamentary Question to the Department of Health

The below Parliamentary question was asked by Luciana Berger on 2016-02-05.

To ask the Secretary of State for Health, pursuant to the Answer of 29 January 2016 to Question 24145, what support a hospital is expected to provide to people appointed as attorneys to make decisions about property and affairs of people detained under the Mental Health Act 1983.

Alistair Burt

There are no specific guidelines as to what support hospitals should provide to an individual holding a Lasting Power of Attorney for another individual detained under the Mental Health Act 1983. However, when appointed as an attorney, individuals are registered by the Office of the Public Guardian who make them aware of their responsibilities to act in accordance with the principles of the Mental Capacity Act 2005 (MCA). A range of support materials are available on operation of the MCA and hospitals should have an appointed MCA lead person who can help disseminate advice and best practice.