An older woman discussing her choices and care plan with a care professional at home
IRENE ROSE / SCOTLAND

Know your rights

Your rights. Your voice. Your choices.

Care should give you more control over your life, not less. These are the principles that protect your voice, the people you choose to involve and the plans you make for the future.

I · RYour voice remains central
01

Your care, your life

Your voice does not disappear when care begins

You remain the central person in your care. We should speak to you, not around you; explain what is happening; listen to your preferences; and support you to take part in decisions in whatever way works best for you.

Having care needs, a diagnosis, a disability or being older does not by itself mean that somebody else gets to decide for you.

  • 01

    Be treated with dignity, privacy, compassion and respect

  • 02

    Receive information in a way you can understand

  • 03

    Give, refuse or withdraw consent to care where you can make the decision

  • 04

    Take part in your assessment, personal plan and reviews

  • 05

    Choose who you want involved and what may be shared with them

  • 06

    Ask questions, see relevant information about your care and correct inaccuracies

  • 07

    Raise a concern or complaint without being treated unfairly

  • 08

    Ask for independent advocacy or communication support

This page gives general information and signposting. It is not individual legal or medical advice. A solicitor, doctor or other appropriate professional should advise you about your own circumstances.

02

Consent and capacity

If you can make the decision, it is yours

Capacity relates to the particular decision at the particular time. It may change, and you should be given practical support to understand information, weigh it up and communicate your choice before anyone concludes that you cannot decide.

A husband, wife, partner, son, daughter, friend or person described as ‘next of kin’ does not automatically have legal authority to make decisions for you. If you cannot make a particular decision, we establish whether anyone holds the relevant legal powers and involve the appropriate health or social-care professionals.

Even where another person has legal authority, your past and present wishes, feelings, values and preferences still matter. Their powers only extend to what the legal document or court order actually permits.

Someone who loves you can support you, help you communicate and be involved with your permission. Support is not the same as taking over your decision.

03

Scottish legal arrangements

Power of Attorney in Scotland

‘Lasting Power of Attorney’ or LPA is the usual terminology in England and Wales. In Scotland, the relevant arrangements are Continuing, Welfare or Combined Powers of Attorney under the Adults with Incapacity (Scotland) Act 2000. They must be registered with the Office of the Public Guardian (Scotland) before they can be used.

We will not assume that an attorney can make every decision. We need to see the registered document, understand the powers it grants and check when those powers may be used.

01

Continuing Power of Attorney

Gives specified powers concerning money and property. The document states when those powers may begin.

02

Welfare Power of Attorney

Gives specified powers concerning health and personal welfare. These powers may only be used when you have lost capacity for the relevant matter.

03

Combined Power of Attorney

Includes both continuing and welfare powers. Each power remains limited by the wording and conditions in the registered document.

04

Planning ahead

Make what matters to you easier to find

Future care planning helps you talk about what matters if your health changes or you become unable to explain your wishes during an emergency. It can sit alongside your Power of Attorney and ordinary care plan; one document does not automatically replace another.

You do not have to wait for a crisis. You can ask your GP or healthcare team about the planning approach used in your NHS area and whether your wishes should be recorded in an anticipatory care plan, future care plan, emergency treatment plan or another clinical record.

  • 01

    The people you want contacted, consulted or kept informed

  • 02

    What matters most to your quality of life and independence

  • 03

    Your communication needs and how distress may present

  • 04

    Religious, spiritual, cultural and personal wishes

  • 05

    Treatments, outcomes or situations you want to discuss with a clinician

  • 06

    Where important documents are kept and who holds copies

  • 07

    Your preferred place of care, while recognising that circumstances may change

  • 08

    When the plan should be reviewed

05

Emergency care

ReSPECT and other emergency treatment plans

ReSPECT stands for Recommended Summary Plan for Emergency Care and Treatment. It records personalised clinical recommendations for a future emergency in which you cannot make or express choices. It is created through conversation with healthcare professionals—not by a home-care provider completing a form for you.

ReSPECT is not used uniformly across Scotland. Different NHS boards may use different emergency and anticipatory care documents. We will recognise the plan that applies to you, record where it is kept and ask the relevant healthcare professional for clarification if instructions are missing, conflicting or unclear.

A ReSPECT plan is wider than a decision about CPR. It helps professionals quickly understand what matters to you and which treatments may or may not be appropriate in an emergency.

06

Decisions about CPR

A DNACPR is not a decision to stop caring

DNACPR means Do Not Attempt Cardiopulmonary Resuscitation. It concerns what should happen if your heart or breathing stops. It does not mean ‘do not treat’, and it does not remove your right to personal care, comfort, symptom relief, medicines or other clinically appropriate treatment.

DNACPR is a clinical decision and record. Irene Rose Care does not decide whether one should be made. You should be involved wherever possible, information should be communicated sensitively and the decision should be reviewed when clinically appropriate or circumstances change.

  • 01

    It applies to CPR—not every form of treatment or support

  • 02

    Age, disability or a stable long-term condition must never be the sole reason for the decision

  • 03

    It should be available to the professionals who may need it in an emergency

  • 04

    It can be reviewed and does not have to remain unchanged forever

  • 05

    You can ask the responsible clinician to explain the reasoning and what the decision means

  • 06

    Care, comfort, dignity and appropriate treatment continue

If you or your family are unsure what a DNACPR form means, ask the doctor or clinical team responsible for the decision. We can support communication, but we cannot provide the clinical explanation on their behalf.

07

Our responsibility

What Irene Rose Care will do

  1. 01

    Ask

    During assessment and review, ask about legal representatives, future-care wishes and any emergency or resuscitation documents.

  2. 02

    Check

    Request the appropriate registered or clinical documentation rather than relying on assumptions or somebody’s description of their authority.

  3. 03

    Record

    Make the relevant information clear in your personal plan, including where documents are kept and who should be contacted.

  4. 04

    Respect

    Support your decisions, communication and chosen involvement of others while meeting confidentiality, safeguarding and other legal duties.

  5. 05

    Prepare

    Ensure carers know the agreed emergency arrangements and how to access the information they need.

  6. 06

    Clarify

    Seek professional guidance where a document is unclear, appears out of date or conflicts with the situation in front of us.

Irene Rose Care does not draft Powers of Attorney, make DNACPR decisions or create clinical ReSPECT recommendations. We recognise, record and follow valid arrangements within our role and seek the right professional input when needed.

Last updated: 28 August 2026

Your voice matters

You do not have to work this out alone.

Ask a question about consent, family involvement, legal authority or planning ahead before care begins.

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