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Original poster

Lasting power of attorney - Health and Welfare

13 replies

Toorapid · 03/02/2021 13:48

Do you need one if you're next of kin?

DH is very I'll, still able to make his own decisions atm, but the time will come. Won't professionals come to me for any decisions, as his next of kin anyway, without us incurring the cost of LPA?

OP posts:
Knotaknitter · 03/02/2021 14:02

I'm sorry to hear that this is the position you are in.

Next of kin is meaningless, it does not mean you will be consulted once DH is no longer able to advocate for himself. You do need to get the paperwork done, he has options to state the procedures he does/doesn't want. You need to do it while he is still well, you don't need a solicitor as it's not that difficult to DIY.

Original poster
Toorapid · 03/02/2021 14:46

So what would they do if there is no LPA?

OP posts:
Stompythedinosaur · 03/02/2021 14:50

Yes, you need one. Otherwise professionals will consult with you, but will remain the decision makers.

NannyGythaOgg · 03/02/2021 15:02

There is an online form that you can fill in with him as to his wishes at this time. If you fill that in and he is able to sign it and get it witnessed it will carry more weight than just being next of kin (although not as strong as an LPA).
compassionindying.org.uk/how-do-i-make-an-advance-decision/

There is a lot of support on this site and it covers both care decisions and what treatment you do and do not want when no longer able to communicate.

The problem with having nothing is that, although it is clear you would be making decisions for the right reasons, not every would.

Original poster
Toorapid · 03/02/2021 15:54

OK, so I guess the next question is how on earth we get it executed with him in hospital and no visitors allowed?

OP posts:
Shellingbynight · 03/02/2021 16:21

I'm very sorry to hear about your husband. It may or may not work out okay if you don't have H&W LPA.

I have financial LPA for my mother, but not H&W. She has dementia and I have been dealing with all her affairs for five years and I have never encountered a problem. I've organised all her care, both at home and subsequently in a care home, and I've dealt with GPs, hospital doctors and social workers on her behalf. They have all asked for and accepted suggestions and information from me. There are no other relatives disputing my decisions, which makes it more straightforward.

By the time I realised mum hadn't done H&W LPA, she no longer had capacity so I didn't have the option. So I'm not saying don't do it, I'm just saying that if you can't, it may not be a problem.

As to how you'll get it done, I would contact a solicitor and ask them how they are working in the current circumstances. Bear in mind it will take a while for the LPA to be processed and registered, gov.uk says 8-10 weeks.

Miggymoggymugwumps · 03/02/2021 16:42

We've just gone through this process and unfortunately it wasn't an easy because of getting the form signed then independently witnessed all while the parent was really ill.
We submitted it but it then took 10 weeks to be finalised!

AnnaSW1 · 03/02/2021 16:51

It's definitely needed

DogsSausages · 03/02/2021 17:06

What sort of decisions do you think he will need to make, having LPA doesnt override medical decisions. Is he able to discuss any wishes or advance decisions he will want to take with his doctor about his current and future care. The doctors will take into account his wishes. Sorry to hear is unwell.

Hoppinggreen · 03/02/2021 17:08

@Toorapid

OK, so I guess the next question is how on earth we get it executed with him in hospital and no visitors allowed?
Look for Mumblechum on here or Marlow Wills She did my mums completely remotely with phone calls etc
Kitkat151 · 03/02/2021 17:10

@Shellingbynight

I'm very sorry to hear about your husband. It may or may not work out okay if you don't have H&W LPA.

I have financial LPA for my mother, but not H&W. She has dementia and I have been dealing with all her affairs for five years and I have never encountered a problem. I've organised all her care, both at home and subsequently in a care home, and I've dealt with GPs, hospital doctors and social workers on her behalf. They have all asked for and accepted suggestions and information from me. There are no other relatives disputing my decisions, which makes it more straightforward.

By the time I realised mum hadn't done H&W LPA, she no longer had capacity so I didn't have the option. So I'm not saying don't do it, I'm just saying that if you can't, it may not be a problem.

As to how you'll get it done, I would contact a solicitor and ask them how they are working in the current circumstances. Bear in mind it will take a while for the LPA to be processed and registered, gov.uk says 8-10 weeks.

It’s taking even longer at the moment....the one my mum did has just taken 4 months
Greybeardy · 03/02/2021 18:32

It will take weeks -months to get PoA sorted (probably longer at the moment). If he has capacity, many hospitals use ReSPECT forms to document patients' wishes re future treatment. It doesn't give you 'power' but it means that his wishes are known and would be respected by medical teams should he deteriorate/the circumstances included in the form arise. This may be a useful thing for him to discuss with his medical team. I would not do a DIY advanced decision document - they are very rarely adequate for real life decision making.

Jerble · 04/02/2021 08:11

You don’t need to pay a solicitor. You can do it yourself here;
www.gov.uk/power-of-attorney

It costs £82 or can be free if he is exempt:
www.gov.uk/government/publications/power-of-attorney-fees

I don’t know how you get it done with no visitors allowed though, sorry.

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