Did you know that your Lasting Power of Attorney for Health and Welfare has no power...

[barbren]

It is possible for your health carers to completely ignore it and the Office of the Public Guardian know this and can or will do nothing about it. They say it is up to you to hire a solicitor to fight for recognition. And if you also hold LPOA for Finance and Property it can be deemed to be a 'conflict of interest'!

[erin]

They can only regard it in so far as they would if the person had capacity. Perhaps you expected it to be broader than you are finding it? I thought it covered refusing peg feeds, and various active treatments when all are agreed that the end of life is approaching. It's difficult to comment, but you are obviously having problems. Why not try a CAB or law centre? The hospitals have their own solicitor, because my friend's mum's case has been referred to them ( she didn't have P of A ).

[barbren in reply to erin]

Thank you for responding erin.

Mum died 13 months ago, and the Trust has made a lot of changes to practise and training as a result of my complaint, but that didn't help Mum. I could find no lawyer to help me in this, I tried 8 firms, I even tried London based firm. I just thought other people should be aware of the possibility that LPOA's are not necessarily helpful. It is more helpful to have living wills and end of life wishes documented. No probs with the LPA for Finance, that was very helpful.

[wifemo]

Hi barbren -

Sounds like you have a battle on your hands. Our experience was that the care home were quite OK about us making the decisions. The financial one was useful for showing to the bank who were then more than happy with the arrangement.

Mo

[barbren in reply to wifemo]

Thank you for responding wifemo.

Yes I found the financial LPOA helpful, in fact essential. But did not realise at the time of Mum's difficulties that her lead carer had quite simply filed the LPOA into the back of her medical notes(the first one was lost), and then proceeded to ignore it. We were never given the opportunity to discuss Mum's condition, or her care, with him. She was simply dismissed from the time of her diagnosis. So battle lost before it began. I just thought it was essential for others to know of this possibility, and the lack of support from the OPG and the legal profession.

[wifemo]

Good points, barbren

It makes such a difference who is in charge of the care - and any warnings of possible future difficulties are always welcome. Glad you at least managed to force some changes.

Mo

[jimandsharynp]

Don't think that is true in the USA. I would think that a medical professional would think about the law suits they are opening themselves up to by not following either of these LEGAL documents. At least in the USA overriding the LEGAL documents of power given to a loved one would result in legal action, at least by me it would.

Jimbo

[barbren]

hello Jimbo

I was simply not able to find any law firm or other organisation willing to give me advice, I tried 8 firms and was told it would be very expensive. At the time I was not able to afford any investigation or action, and it's difficult to qualify for legal aid now in this country. I just don't know how to stimulate any interest to investigate this state of affairs. Any ideas.

[coyle51]

Barben, I think I must have been lucky when I enquiried about LPA with a law firm in brighton I was advised that a living will was probably a better option than a health LPA and apparently costs significantly less. We just went ahead with the LPA for finance. Without this advice we would have gone ahead and possibly been in a similar situation to you. I have found so often that we have to and try and find out everything for ourselves as no one is offering advice, it's only what you find out as you go along. Your post is of course a valuable piece of information. Chrissie

[barbren in reply to coyle51]

Hi Chrissie, thanks for comments. How sorry I am that Mum did not have a written living will, it was just verbal. You are so right when you say that we have to find these things out for ourselves. I see friends going through similar situations quite blind to their rights. It's a minefield when there is no single information site or centre to give advice to patients and carers. When it turns out that the Citizens Advice Bureau assessed Mum's finances for the County Council, where does that leave the ordinary citizen (patient/carer) when they are looking for unbiased advice? Maybe some of us should get together and make a website of information on social, financial, legal, emotional, caring, etc matters. Brenda