Legal Aspects of Ageing

Question 1

What are the components of capacity?

Answer 1

To have capacity to make a particular decision, a person must be able to:

• understand the facts involved
• understand the main choices
• weight up the consequences
• understand how the consequences affect them
• communicate their decision

Question 2

What are some factors that can affect a person’s level of capacity?

Answer 2

• the type of decision
• timing of decision
• simple or complicated?
• how much info has been given and what is their level of understanding?
• person’s experience
• health

Question 3

What are the types of power of attorney?

Answer 3

• General non-enduring
• Supportive
• ePoA
• ePoA - medical

Question 4

What is general non enduring power of attorney?

Answer 4

When person unavailable for a period of time and wants someone else make financial decisions for them during this time.

Question 5

What is the role of supportive attorney?

Answer 5

Promote autonomy and dignity for a person who is able to make various decisions themselves; main aim to support rights of people with disabilities.

Question 6

What is the role of enduring powers?

Answer 6

• plan ahead

- give authority to act when person ceases to have capacity to make their own decisions

Question 7

What is the role of ePoA?

Answer 7

• financial matters, including any legal matters that relate to financial or property affairs
• personal matters, such as where a person lives and health care matters
• both financial and personal matters

Question 8

medical enduring power of attorney?

Answer 8

medical agent who can decide whether to consent to medical or dental tratment, and can refuse medical treatment on their behalf. The medical agent can only act if the person is unable to make their own decisions about medical or dental treatment.

Question 9

Order of relatives for person responsible?

Answer 9

a. son or daughter
b. father or mother
c. brother or sister (including adopted and half siblings)
d. grandfather or grandmother
e. grandson or granddaughter
f. uncle or aunt
g. nephew or niece.

Question 10

person responsible order?

Answer 10

• 1. ePOA Medical
• 2. VCAT appointed for decision re proposed Mx
• 3. VCAT guardian
• 4. ePOA
• 5. Person appointed in writing by pt
• 6. Spouse / partner
• 7. Primary carer
• 8. Relatives