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Legal matters

Power of Attorney

24 replies

Loopyloo97 · 29/09/2017 17:05

Hi my elderly mother has developed delirium in hospital , my father isn't power of Attorney and mum isn't in a fit state to sign the form .. Is there a way around him becoming her power of attorney ? It's more for medical reasons and her future

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Crumbs1 · 29/09/2017 17:09

No she needs an IMCA referral to advocate on her behalf or at least a best interest decision over any important matters made by medical staff with your father involved in discussion.

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Ginmakesitallok · 29/09/2017 17:12

Is the delerium temporary or is it likely to continue? Poa needs to be set up in advance when person still understands what they are doing.

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Loopyloo97 · 29/09/2017 18:18

My mum became delirious after an op we didn't prepare for anything like this
We are worried that social services could also take over her care

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Crumbs1 · 29/09/2017 19:08

If it's post op she mell we'll settle and regain capacity. Sometimes the elderly do become confused by it all and take a good few days to settle. Lots of fluids, recognisable artefacts like photos and things from home, clothes etc help.
If she regains capacity then is the time to make sure she gives LPA to her husband or one of the children.

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Loopyloo97 · 29/09/2017 21:43

Hi Crumbs1 it's been going on for 6 weeks now the hospital seem to think it's delirium but also could be a touch of dementia things have become pretty horrendous at the moment

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hatgirl · 29/09/2017 21:48

what is worrying you about social services taking over her care?

If she has hospital induced delirium it may well be temporary. It may not. Did you have any concerns about her mental capacity prior to her hospital admission?

Social Services will not act without full and frank discussion with family members about what would be in your mums best interests until she regains her mental capacity.

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FiveShelties · 29/09/2017 22:01

I feel for you OP - my Dad was in a similar position and I did have POA. The hospital and SS put unbelieveable pressure on me to find my Dad a Dementia registered home as the hospital wanted him out. They rang me at all times of the day and evening and kept asking how many homes I visited that day and how many tomorrow etc - it was awful. In the end I asked for a meeting with the Consultant and Ward Sister and PALS said I would not be pushed around any more - that he would stay in hospital until I found what I considered to be a suitable place.

I don't believe for a second that SS cared one bit about what was best for my Dad, they just wanted him off their list and the hospital just wanted him out. If I was a real cynic I would say that as soon as they found out he would be self funding the pressure began.

I should have been more assertive from the beginning, but tried not to make a fuss -- that was a big mistake. I wish you all the best, it is very tough.

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Crumbs1 · 29/09/2017 22:21

It is tough but it might not be dementia if she wasn't unduly affected prior to admission. They should be ruling out physiological and treatable causes such as infections, electrolyte imbalance etc. Has she been seen by a gerontologist? Surgeons aren't always best placed to get to cause.

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Justoneme · 29/09/2017 22:23

You don't need an imca as there's family.

You can apply to the cop. It costs money though.

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hatgirl · 29/09/2017 22:25

I don't believe for a second that SS cared one bit about what was best for my Dad, they just wanted him off their list and the hospital just wanted him out

Hospitals are completely inappropriate places for older people with dementia who no longer require medical treatment.

I'm really very sorry you felt that way about the pressure to move him from hospital to dementia care but long term he would have been far better getting out of hospital as quickly as possible.

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FiveShelties · 29/09/2017 22:52

hatgirl

I found a home, even though I did not feel he was well enough to be discharged and Dad moved in - got pneumonia, back in hospital after 6 days, discharged again to home, admitted again after 4 days got pneumonia. This was repeated four times until he died with the fourth bout of pneumonia. He did not have a long term and he was definitely not better getting out of hospital as quickly as possible.

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FiveShelties · 29/09/2017 22:56

Apologies for railroading your thread Loopy - I just don't want you to make the mistake I made. I hope everything goes well for you.

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Longdistance · 29/09/2017 23:01

If you don't already have POA you may need to go down the route of Court of Protection.

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Loopyloo97 · 30/09/2017 09:13

My mum had a knee replacement & came out of the op with Pneumonia & confusion , we initially told the infection was due to the infection however 6 weeks down the line there is no improvement she has the symptoms of delirium but the Dr's think that there could be dementia she seems to be more lucid in the mornings , but can no longer feed herself & has become double incontinent... My mum was independant and had her faculties before the op now the hospital are talking care homes but we would like her home as she is medically fit at the moment... Her mobility isn't good she had the knee op to improve her quality of life but its done the opposite... Taking her home means a hospital bed , equipment & 24hour care we as a family are trying to get our heads around as to why my mum is in this position . The Dr's have checked her meds & she's had examinations including a brain scan which all shows clear.. I'm so sorry to hear about your experiences we all want the best for our parents and we feel home is the best place for my mum

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Crumbs1 · 30/09/2017 09:30

Could you perhaps ask for her to be moved to a rehab unit at a good community hospital. They continue the physio to get her mobile but the environment tends to be much calmer, much more focused on the holistic needs and less confusing.

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Crumbs1 · 30/09/2017 09:34

Have they also screened for vitamin deficiency. My mother had supplements to boost her vitamin levels ( some deficiency leads to delirium) as my daughter insisted to the surgeons. Not wanting to give false hope but it made a real difference. They're going to be reluctant to discharge someone with such a difference in cognitive function over such a short period.

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Loopyloo97 · 30/09/2017 09:36

We are very nervous & worried about putting her into rehab although we appreciate it could benefit her , its really difficult to know what to do for the best shes been in a hospital environment for so long now that she's almost institutionlised a home environment might help her recovery shes also lost 2 stone its heart breaking

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Loopyloo97 · 30/09/2017 09:38

Oh yes they did check for vitamin deficiency but the only one she is lacking is D ... We took her out in the sunshine last weekend in her wheel chair it done her the world of good

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Crumbs1 · 30/09/2017 10:00

Go and visit your local NHS rehab community hospitals. Some of them are really lovely. No idea where you are but the Sussex Community trust ones are all lovely - above good with delightful patient staff and regular checks from geriatrician. Virgin ones are pretty good too - although they haven't had the Kent ones very long.
Taking her home might feel like the best option but it's a huge strain on a family and isn't always the best thing to do. A short spell of rehab for a few weeks gives space to think carefully about what is in reality the best thing to do. Twenty four hour care is really tough - and becomes very distressing.
Get your father to do LPA now so you don't have same problems again.

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alltouchedout · 01/10/2017 12:13

You don't need an imca as there's family.

That doesn't mean she doesn't need an IMCA. The Independent part of IMCA is important.

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Loopyloo97 · 02/10/2017 10:12

It's all so complicated I'm fortunate that my husband is helping us through all this ... We also have a meeting for continuing health care tomorrow but we're not feeling very optimistic about getting it .
Any advice please?

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MyYoniFromHull · 03/10/2017 06:53

You can look at the criteria for Continuing healthcare online, the bar for qualifying for an assessment is quite low (so lots of people are assessed) but the criteria to actually receive it is high. Essentially the needs have to be both quite complex and quite unpredictable. Getting it can make it easier to find a placement though as it would be funded (so no top up would be payable)

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MyYoniFromHull · 03/10/2017 07:02
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SALLAMB · 27/03/2024 10:23

Just jumping on this post. I realise this thread was created a long time ago, however I'm just curious to find out if you were able to put the Power Of Attorney in place? The reason I'm asking, is because I'm in a similar position. My mother has agreed, however she's had a sudden case of delirium with a hospital stay. Will a solicitor do a LPA for us? Can we do it online? We are wanting to pay for night carers but cannot access her money to arrange the necessary care needed. Please help!

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