Can Medical profession challenge LPA?

gina78

Registered User
Aug 26, 2013
8
0
My husband has Dementia. He has also recently been told he has Stage 4 Bone Cancer. I was told he has about 3 months to live. The problem I am facing is that I do not want him told and yet I am being told by My GP and the Hospice Staff that they have a legal obligation to tell him his prognosis. I totally disagree. If I arrange for him to to take out an LPA giving me Power of Attorney, would the Authorities then have to agree with MY wishes (not to tell him) or, being they are following the 'rules' can they still go ahead and tell him? No one will see him otherwise.They say they have a legal and moral obligation to inform patients about every step of care. I say they should just get on with it and that there is nothing whatsoever to be gained by telling a patient they are literally at Deaths door. I would appreciate any help to my enquiry urgently. Thank you.
 

Kevinl

Registered User
Aug 24, 2013
6,050
0
Salford
Very sad news Gina. The problem is that it could easily take you 8 weeks to get an LPA and if they are legally obliged to tell him then they could do it anytime between them and now.
If they are legally obliged to tell him (and that's not something I've come across) then they could still go ahead and tell him as a POA doesn't give anyone permission to break the law.
K
 

Beate

Registered User
May 21, 2014
12,179
0
London
What is your husband's view on this? Because for you to take out an LPA he has to have mental capacity, and if he has capacity, he can tell the doctor his wishes himself. If he no longer has capacity, you cannot get an LPA, and a health deputyship is rarely granted. So you have a bit of a Catch 22 situation here, especially as it can actually take over 3 months to get an LPA registered with the OPG, depending on how busy they are. But if he has lost capacity, he might not actually remember the diagnosis? They only have to tell him once, not repeatedly.
 

Amy in the US

Registered User
Feb 28, 2015
4,616
0
USA
Hello @gina78. Firstly I want to say I am very sorry to hear of your husband's cancer diagnosis. I can definitely understand why you don't want him told about this.

I'm also sorry to hear you don't have LPA and that it would be so difficult/impossible for this to happen now. (I'm sorry, I'm not in the UK and don't completely understand the system, I'm not meaning to distress you about that.)

I wonder if there is a staff member with hospice, or a consultant or the oncologist or the GP or even a particularly good nurse, with whom you could talk and explain what you've told us. Perhaps there is a way they can satisfy their "requirement" to inform the patient, without unduly upsetting your husband. Maybe they can send a letter, which of course you don't have to show to him. Or perhaps they can just mention it once and in passing/an offhand manner, not in some sort of conference where it's discussed seriously, which is likely to cause distress. Perhaps if you can approach it from the angle of wanting to spare him upset, they can find a way to work with you?

I'm sure you have other things to be getting on with and that this is a lot of unwanted stress for you right now. I'm sorry.
 

philamillan

Registered User
Feb 26, 2015
96
0
Hi Gina.

We all feel for you during this difficult time.

My suspicion is that if he is in a hospice you have to trust their professional advice as this is their area of expertise.

In order to give him the best possible care in this terminal phase, how will they know his views on death and dying if he is unaware.

There are some people who do not want to know or talk about those things and I am sure that they will be sensitive to his feelings. Not letting him know would make his care difficult to manage as simple decisions will be complex as they cannot talk to him about his needs.

Death is our only guarantee in life and facing it bravely and confidently can be more liberating than anything else.

Just talk to the team about your concerns, I am sure you are not the first to have those opinions.
 

Moggymad

Registered User
May 12, 2017
1,314
0
Hi @gina78 I too would feel the same as you. I have not heard before that they have a legal obligation to tell him, I would have thought in the circumstances NOK would be the one to make that decision. 8 years ago my mum was diagnosed with Non Hodgkins Lymphoma. Has been in remission since chemo but were told as it was stage 4, it will come back. Mum was aware of the original diagnosis however since then Alzheimers has taken hold & on the annual checkups at the hospital I have been told they will not treat it when it returns. Mum has long since forgotten about that illness so when that time comes for mum there is no way I would want her to be told her prognosis. She was very fearful when first diagnosed & although now 7 years into her Alzheimers journey I know she will not properly understand or remember, but the feelings of fear might resurface & there is no way I want her to feel like that at this stage in her life. I hope you can find a way. Best wishes