Annex C: Glossary of terms used in the Report
Advance Statement
- An expression of views and preferences concerning medical treatment
if the patient became incapacitated. An alternative term in common usage
is 'living will'.
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Advance Directive
- Used by the Law Commission to refer to an advance decision about medical
treatment the person wants to receive if they become incapacitated.
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Advance Refusal
- The individual's refusal of some or all types of medical treatment which
might be administered if they become incapacitated.
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- NB: Advance statements, advance directives, and advance refusals must
be made when the patient has the capacity to form the relevant views or
take the relevant decisions.
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Amicus curiae [Latin: friend of the court]
- Counsel who assists the court by putting arguments in support of an
interest that might not be adequately represented by the parties to the
proceedings (such as the public interest) or by arguing on behalf of a
party who is otherwise unrepresented.
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Attorney
- See power of attorney.
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Continuing Power of Attorney
- The Law Commission have proposed the creation of a Continuing Power
of Attorney, which would integrate a reformed scheme of enduring powers
of attorney into a unified scheme which provides for other substitute
decision-making procedures. See Chapter 6 of this Green Paper.
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Court of Protection
- The Court is an office of the Supreme Court. It exists to protect the
property and affairs of persons who, through mental disorder, are incapable
of managing their own financial affairs. The Court's powers are wide ranging
but are limited to dealing with the financial and legal affairs of the
person concerned. Proposals for reform of the role of the Court of Protection
are considered in Chapter 9 of this paper.
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Enduring Power of Attorney
- An Enduring Power of Attorney is a power of attorney which, subject
to conditions and safeguards, continues in force even after the maker
of the Enduring Power (the 'Donor') becomes mentally incapable of handling
his or her affairs, provided that it is registered. It can be used by
the Attorney from the date of its execution and prior to the onset of
Mental incapacity, provided that there are no restrictions placed within
the document and if this is what the Donor wishes. The purpose of an Enduring
Power of Attorney is to enable people, while they are still mentally capable,
to decide who they would like to deal with their financial affairs for
them after they become mentally incapable. The Enduring Power of Attorney
was introduced by the Enduring Powers of Attorney Act 1985.
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Euthanasia
- A deliberate intervention undertaken with the express intention of ending
a life, albeit at the person's own request or for a merciful motive.
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Guardian ad litem
- In the context of Mental incapacity, a person appointed by the court
to protect the interests of a person under disability, who may not otherwise
acknowledge service, defend, make a counterclaim or intervene in any proceedings,
or appear in any proceedings under a judgement or order notice of which
has been served on him.
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Health Care Team
- The doctors, nurses and other professionals involved in the care and
medical treatment of the individual patient.
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Living Will
- See advance statement.
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Lord Chancellor's Visitors
- There are three types of visitor: medical visitors, legal visitors and
general visitors. Medical visitors, whose role is of relevance to Mental
incapacity, are "registered medical practitioners who appear to the
Lord Chancellor to have special knowledge and experience of cases of mental
disorder" (Section 102 (3) (a) of the Mental Health Act 1983). The
are currently six such visitors, each of whom deals with visits in a specified
area of the country.
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Official
Solicitor
- The Official Solicitor is an officer of the Supreme Court, whose duties
have as their purpose: (a) the prevention of a possible denial of justice
to any individual or party to proceedings; (b) safeguarding the welfare,
property and status of persons under legal disability or at disadvantage
before the law; and (c) the facilitation of the administration of justice
(as investigator, confidential adviser to judges and others, or by the
instruction of counsel as amicus curiae).
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Palliative Care
- For a patient who is terminally ill, palliative care may be the most
appropriate course which the health-care team can offer. The World Health
Organisation has described palliative care as "a form of care that
recognises that cure or long-term control is not possible; is concerned
with the quality rather than quantity of life; and cloaks troublesome
and distressing symptoms with treatments whose primary or sole aim is
the highest possible measure of patient comfort". The Department
of Health said "palliative care is active total care provided to
a patient when it is recognised that the illness is no longer curable.
Palliative care concentrates on the quality of life and on alleviating
pain and other distressing symptoms, and is intended neither to hasten
nor postpone death".
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Power of Attorney
- A power of attorney is a means whereby one person (the donor) gives
legal authority to another person (the attorney or donee) to manage the
donor's affairs. See also Enduring Power of Attorney and Continuing Power
of Attorney.
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Public
Trust Office
- An Executive Agency within the Lord Chancellor's Department. Among other
duties, responsible for the day to day administration of cases under the
jurisdiction of the Court of Protection. Also responsible for the registration
of Enduring Powers of Attorney.
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