Page 5 - Guide-to-Advance-Statements

nomination but should also have all the legal powers open to an Attorney. It is critically important to
appoint an Attorney before an illness becomes so bad the person has lost legal capacity – then no voluntary
appointment is possible and a court action is necessary to appoint a Guardian or Intervener.

7. LEGAL ADVICE AND ASSISTANCE

This is a very straightforward form of legal aid available to those who qualify financially should anyone wish
to consult a lawyer in preparing or witnessing an Advance Statement.

8. OTHERPERSONNEL

Various people may be involved where someone loses capacity through mental disorder. Here are some:‐

WELFARE ATTORNEY ‐ Someone appointed while a person has capacity to deal with welfare decisions when
a person becomes incapacitated.

RESPONSIBLE MEDICAL OFFICER (RMO) ‐ The Medical Practitioner responsible for someone’s care and
treatment under The Mental Health (Care and Treatment) (Scotland) Act 2003. This is usually a Consultant
Psychiatrist.

MENTAL HEALTH OFFICER (MHO) ‐ A Social Worker specially trained in mental health issues.

NAMED PERSON ‐ Someone (named by the patient) who may look after the patient’s interests if he or she
has to be treated compulsorily.

INDEPENDENT ADVOCATE ‐ Independent Advocates can help people express their wishes about care and
treatment. Independent advocacy services are offered by particular charities.

COMMUNITY PSYCHIATRIC NURSE (CPN) ‐ A NHS nursing officer with particular mental health training and
responsibilities for patients with mental disorders.

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