Hoping some wise heads can help here.
I have an elderly relative for whom, two years ago, I obtained joint POA (lasting). The POA relates to Property & Finance.
Briefly, relative's spouse handled all finances and had become ill. They decided to utilise POA so myself & one other could make decisions (with discussion) on their behalf.
Last year relative's spouse died. Since then, myself & other have managed finances relating to property maintenance, investments, etc.
Early this year, relative was diagnosed with dementia. Specialised needs have seen them move to a care home. Although their condition is less worrisome than it was, they clearly do not have capacity to make 'big' decisions.
In the last six months, there has been a deterioration of health, with a life-limiting condition possibly on the cards (waiting results of tests).
Relative does not understand why they need to have frequent blood tests/ECG monitoring/scans. They will go to appointments, but have little understanding of what is being done, other than it being a disruptive and upsetting experience.
I understand that correspondence around hospital/doctor appointments must be sent to the patient. However, in this case, the patient cannot be expected to be able to determine the urgency or necessity of any tests/scans, etc.
Having spoken to a solicitor I am advised that if the person has dementia, we cannot apply for a POA regarding Health & Welfare.
I've spoken to the Office of the Public Guardian who suggest we apply to the Court of Protection, but looking at the costs involved, it is not possible.
I do not work, and I do not receive benefits. I cannot find the nearly £1000 it will cost to lodge an appeal. The 'other' with whom I have POA has a young family and a mortgage, and also does not have the money to apply.
If we cannot afford to do this, what can we do?
We just want the relative to be able to attend appointments, and to be able to determine whether any treatment that may be required to follow up may be considered to be in their best interest. Obviously if we can attend appointments we will, but in the current situation, we are unaware of them until afterward.
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Data Protection/Duty of Care vs Best Interest
9 replies
MarklahMarklah · 21/09/2016 12:47
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