Urgent - no LPA and needs operation

[Spanglylycra]

Hi there
Pls help if you can....

My nan has dementia and breast cancer.

My mum has an old style EPA but not a new LPA (I think that's the right way around).

My nan urgently needs a breast removed she has had a slow growing cancer which all of a sudden has broken through and is weeping.

The surgeon says he cannot operate without my Nan's consent or an LPA. An LPA could take 3 months which to be honest I don't imagine she will have.

I have read that doctors can make a decision in the best interest of the patient if patient lacks capacity. Does anyone have any knowledge of this?

Parents are seeing a solicitor and I have also advised them email PALs and members of the trust board for urgent official stance.

Has anyone had similar situation where urgent medical attention needed and no LPA?

Thanks

On your other thread I think someone suggested that the surgeon can do the operation if he feels it is in her best interests, would it be worth asking for a second opinion.

Yes a surgeon can do the operation if he feels it is in her best interests - he should be doing so but he may not feel it is in her best interests because it may have progressed to far - have you sat down and had a conversation with the surgeon? I think PALS is probably your best bet for speed

Are you sure you cant still use the enduring power of attorney?

Enduring power of attorney (EPA) was the system that was in place before LPAs. You can no longer make an EPA. However, if you made an EPA before October 1 2007 and it was correctly filled in, it is still valid and can still be registered and used. If you have a valid EPA, you don't necessarily need to make an LPA.

Extract from alzheimers society

I’d want to know why your surgeon won’t operate without an LPA. We’ve certainly done two doctor consents for both elective and emergency ops after discussion with family. I’d imagine there’s a reason for him declining and I’m assuming that it means he doesn’t believe it to be in the patient’s best interest

Spangly I’m sorry I forgot to say I’m sorry to hear of your Nan. I think you and your parents need to have a realistic discussion with her surgeon. It can be that he thinks doing a mastectomy isn’t going to change anything and that it would just be a risk for your nan. It’s hard but sometimes not operating is the better long term thing to do.