Can't have a copy of CHC assessment without POA
- Thread starter gillybean
- Start date
You may find that they will accept your old LPA as the health version might not have been available when you originally got it. Have not had much bother getting a copies myself because of the same problem but ALWAYS have to ask and they do take their time.
My wife having had 5 assessments so far this year but haven't got copies of the last two (so far), the last 2 within a month of each other. On the 3rd, they being finally granted CHC and now they appear to be busy trying to take it away!!!
Going to see my MP about harassment
Merlin
Hello,
When I hear of such things it makes me really angry. I'm sure the CHC/CCG's use this as an excuse to hide behind. I have POA for finance for my Dad not Health and Welfare, and so there lay the 'unlevel' playing field right from the start, no access to NH notes medical records etc. I had to inform my MP and by god he got the ball rolling. I was immediately telephoned with apology as they had not followed correct procedure by ignoring my letters and emails and informing my Dad,( very poorly with terminal cancer and later stage VasD), in his NH and not me, who attended the DST what the outcome was, and with it my right to appeal. The CH simply filed Dads letter away! Then by special (and very expensive) post I got all of Dads assessment notes and notes from the DST mtg. Then I was able to put together my appeal against refusal.
Now they are playing delaying tactics, but they will not push me away. Who else is going to act in your families best interest gillybean if not you. I am sick to death of all the hurdles and tricks being used by the NHS to try and put us off fighting for the rights of the sick and elderly.
Stick to your guns and yes everyone should be screaming from the rooftops to our MP's.
Anymore c**p from my lot and I am back to mine! They mess up and then we have to unpick it all and appeal. All of this when we are drained emotionally and physically.
Good luck Gillybean, let us know what happens.
Jane
When I hear of such things it makes me really angry. I'm sure the CHC/CCG's use this as an excuse to hide behind. I have POA for finance for my Dad not Health and Welfare, and so there lay the 'unlevel' playing field right from the start, no access to NH notes medical records etc. I had to inform my MP and by god he got the ball rolling. I was immediately telephoned with apology as they had not followed correct procedure by ignoring my letters and emails and informing my Dad,( very poorly with terminal cancer and later stage VasD), in his NH and not me, who attended the DST what the outcome was, and with it my right to appeal. The CH simply filed Dads letter away! Then by special (and very expensive) post I got all of Dads assessment notes and notes from the DST mtg. Then I was able to put together my appeal against refusal.
Now they are playing delaying tactics, but they will not push me away. Who else is going to act in your families best interest gillybean if not you. I am sick to death of all the hurdles and tricks being used by the NHS to try and put us off fighting for the rights of the sick and elderly.
Stick to your guns and yes everyone should be screaming from the rooftops to our MP's.
Anymore c**p from my lot and I am back to mine! They mess up and then we have to unpick it all and appeal. All of this when we are drained emotionally and physically.
Good luck Gillybean, let us know what happens.
Jane
Thanks Leedsfan
I think it's terrible the way they make us jump through hoops, everything is a massive deal to get what you want. It makes me sick as they must know that life isn't exactly easy for any of us without them making it much harder.
The LPA wasn't available at the time but they would no doubt say that we should have updated them, at the time you think you are covered and it's not until you try to get hold of something and then you realise it's too late.
I think it's terrible the way they make us jump through hoops, everything is a massive deal to get what you want. It makes me sick as they must know that life isn't exactly easy for any of us without them making it much harder.
The LPA wasn't available at the time but they would no doubt say that we should have updated them, at the time you think you are covered and it's not until you try to get hold of something and then you realise it's too late.
The problem is, if you have the old EPA & your relative deteriorated & lost capacity before the new LPA's came into existence, you couldn't arrange a new one anyway. We had the same problem as we have EPA for MIL. When they didn't send out a copy of the assessment we contacted them (probably same ones as Leedsfan as MIL is under the Leeds office). We were told they don't send them out as the norm. When we pushed them further they asked if we had LPA - we said we had EPA & they weren't happy but we continued pushing & in the end they sent the assessment report to MIL at the care home.
Keep on at them - put it in writing & tell them your next step will be to speak to your (or your relative's) MP. Hopefully that will get them to see sense.
Keep on at them - put it in writing & tell them your next step will be to speak to your (or your relative's) MP. Hopefully that will get them to see sense.
http://www.solicitorsfortheelderly.com/assets/media/NHS_CONTINUING_HEALTHCARE_BOOK_MARCH_2014.pdf
Page 96 should be helpful for you
17 CONSENT AND
ACCESS TO HEALTH RECORDS
Sorry don't think I can cut and past it here because of copyright.
Well, it's meant to be the same rule for everybody isn't it? I don't live anywhere near Leeds but our CCG offered a copy of the assessment. OH & BIL have financial LPA but NOT health & welfare and I don't have any official position at all. I went to the assessment meeting and the nurse doing it just automatically said she'd send out the report in about a week.
Do I live in a specially fair and equitable part of the country? Or was it because I had a paid advocate with me?
Do I live in a specially fair and equitable part of the country? Or was it because I had a paid advocate with me?
Don't think so. My MIL's documents were sent out automatically, we didn't even have to ask for them.
http://www.solicitorsfortheelderly.com/assets/media/NHS_CONTINUING_HEALTHCARE_BOOK_MARCH_2014.pdf
Page 96 should be helpful for you
17 CONSENT AND
ACCESS TO HEALTH RECORDS
Sorry don't think I can cut and past it here because of copyright.
That looks really helpful geum.
I thought it didn't sound right that you had to have the LPA for H and W to receive copies of medical records though I have no problem believing that some 'professionals' will tell you that this is the case.
And clearly there are some professionals, as the preceding posts demonstrate, who know the law.
It just seems to yet one more of those obstacles that people have to find a way round. It's disgraceful.
Yes, but unfortunately it isn't.
I think sometimes advocates know more of the rules of what should happen and maybe keep those who should know, on their toes, by drawing attention misinformation.
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Hi
If you have been told you cannot have a copy due to not having POA it is rubbish. If you read the NHS Framework for Continuing Healthcare it deals with all these kind of issues. Just Google it. Makes very interesting reading - you may find , as I did, that the authorities don't know what they should be doing and break the rules all the time.
I don`t have POA I am an appointee. Only child, next of kin. Mum had no property and very little money, but I was sent copies of all the assessments I attended without any problems.
I think it depends on the local authority.
Good luck!
Heather x
I think it depends on the local authority.
Good luck!
Heather x
Well, it actually seems to depend on whether the people dealing with it have properly informed themselves about what should happen (the NHS framework which Froniga mentions) or whether they are making it up as they go along.
