LEGAL ASPECTS IN TAKING CARE OF ELDERLY AND DISABLED PEOPLE: AGENCY, DISABLED PERSONS ACT 1986
Agency
A nominated person (the agent) acts on a frail person’s behalf within specified instructions. This is especially seen in the social security system, where a pensioner will nominate someone to collect their benefits from the post office. The agent can only collect the money, and they must then hand it to the person concerned. Many people use this form of help to enable friends, neighbors or home helps to collect pensions.
There is a set procedure for this form of transaction. The pensioner deletes ‘I acknowledge receipt of the above sum’ which is printed on the pension. They then sign it as usual, and write and sign on the back ‘I am unable to go to the Post Office and I authorize (signature)’. This must be witnessed by someone other than the agent. The agent also has to sign the following: ‘I am today the authorized agent. I certify that the payee is alive today. I acknowledge receipt of the amount shown overleaf which I will pay to the payee forthwith’ (signature).
Disabled Persons Act 1986
This Act was passed by Parliament in 1986, but its 18 sections are being brought into force gradually. The Act gives disabled people four rights:
• The right to representation – in cases of mental or severe physical incapacity the local authority can appoint a representative on behalf of the disabled person or ask a voluntary organization to appoint someone.
• The right to assessment – this includes any disabled person who asks for services from the local authority under section 2 of the Chronically Sick and Disabled Persons Act 1970.
• The right to information – if a disabled person receives a service from social services then they must also be informed of the other services available and any other relevant services provided by other local authorities.
• The right to consultation – the Chronically Sick and Disabled Persons Act 1970 states that certain councils and committees should have a disabled person or someone with special knowledge on that committee. The 1986 Act states that the person can only be appointed after consultation with organizations of disabled people.
*84/128/5*
