Capacity and consent: the banking sector
Serving customers with dementia has more implications for the banking sector. The list below is not meant to be comprehensive, but instead raise important issues that you should discuss with you supervisor. And if you are unsure of anything, please speak with your supervisor first before acting.
- It is not your role to determine the cognitive capacity of a person, which is a difficult process, can vary on a daily basis and has many legal implications
- A diagnosis of dementia does not mean someone cannot make decisions
- However, at some point there capacity will be affected
- Initially, bank staff should interact and communicate with their customers in a manner as outlined above and in accordance with their banks policies and procedures. Staff may be able to provide additional support and guidance for formal arrangements, like two-to-sign processes or consents on the account
- Final determination should be made by medical practitioners or the holder of an enduring power of attorney. People with dementia are entitled to have their wishes upheld when their capacity has diminished and the role of the power of attorney is to act in the manner which the person with dementia would if their capacity was intact.