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Elderly parents
Original poster

Health&welfareLPA anyone implemented with regard to eg carers when donor not willing?

32 replies

whatwouldyoudoifisangoutofkey · 22/10/2024 13:48

Or any other scenario where an action is resisted but clearly needed by donor?
eg dementia ,insulin dependent diabetic living alone and refusing access to nurse ?
or
unable to prepare even a sandwich unwilling to eat but refusing delivery of food or preparation of snacks to be left
I understand the concept of an LPA but struggle with imagining how,in practice ,one might be used .
These aren't current or real life situations but I just wondered if anyone had any experience .
I appreciate capability needs to be assessed and also that it is decision dependent.

OP posts:
FarriersGirl · 22/10/2024 14:19

Ohfuckrucksack · 22/10/2024 14:14

Health and care power of attorney only comes into play when capacity has been lost.

If someone has capacity it cannot be over-ridden, even if there is a LPA.

Each decision is separate - some people will be able to make some decisions but not others due to fluctuating capacity.

So capacity has to be constantly assessed for each situation - it is necessary to assess if the person understands what the decision is, what the options are and the consequences of them and whether they can retain this information. If it shown they can do this they can make the decision.

This includes them making what other people deem bad decisions.

If there is a concern about self-neglect that is leading to actual harm, this should be seen as a safeguarding issue and adult social care can be asked for advice, but again if capacity is shown there is not much they can do.

Was just about to post but this is very much what I was going to say. It is very hard to be at the stage where someone's capacity is diminishing as they will still have capacity for some things but potentially not others. My DM who is in the early stages of dementia also seems to vary from day to day as well. Keep talking with them and include them in any discussions as far as you can.

Ohfuckrucksack · 22/10/2024 14:18

@EducatingArti I'm not sure that is true in all settings and situations.

It would be true if the HCP has made the decision that the person has fully lost capacity but otherwise they should be involved in all decisions and discussions about themselves

BlueLegume · 22/10/2024 14:15

We did have to supply the LPA to the nursing facility when our father was admitted but not sure what the reason is other than if Dad needs decisions made those of us named all have to be consulted. This is helpful hopefully as our mother makes unsuitable decisions generally- which is why they ended up in the mess in the first place 🙄

Ohfuckrucksack · 22/10/2024 14:14

Health and care power of attorney only comes into play when capacity has been lost.

If someone has capacity it cannot be over-ridden, even if there is a LPA.

Each decision is separate - some people will be able to make some decisions but not others due to fluctuating capacity.

So capacity has to be constantly assessed for each situation - it is necessary to assess if the person understands what the decision is, what the options are and the consequences of them and whether they can retain this information. If it shown they can do this they can make the decision.

This includes them making what other people deem bad decisions.

If there is a concern about self-neglect that is leading to actual harm, this should be seen as a safeguarding issue and adult social care can be asked for advice, but again if capacity is shown there is not much they can do.

EducatingArti · 22/10/2024 14:13

If you have a health and welfare lpa for a relative it means that heath care professionals will discuss their medical issues with you without having that relative with you/giving permission every time. It has proved helpful when a relative was in early stages dementia.

Original poster
whatwouldyoudoifisangoutofkey · 22/10/2024 14:08

I'm in the pointless camp as well.
Do they perhaps have a role in medical settings ?

OP posts:
BlueLegume · 22/10/2024 14:00

@whatwouldyoudoifisangoutofkey great thread/post. Will watch with interest. My parents made a song and dance about us organising LPA s several years ago. Mother is not unwell but the final part of your post really resonates. Can’t or won’t prepare food. Throws food away we supply. Won’t have a cleaner but will let us clean. Frankly I think the LPA is pointless for us. Interested in responses.