Urgent respite care, no LPkl

TooManyCooks

New member
Nov 3, 2019
3
0
Hi everyone. (I hope this post is in the right place)

My mother-in-law - who has been living alone with carers coming in - has recently deteriorated rapidly but had been managing to hide from everyone just how bad things were. A bout of gout has left her needing urgent respite care and we arranged a short stay in a small charity-run private hospital near our home (she lives a 2hr drive away from us/can’t stay with us as we have steep stairs and six very bouncy dogs). Unfortunately having assured them she wasn’t a wanderer it turns out she’s become one and after she spent her first night walking in and out of every room in the place, totally confused as to why she was there, we were asked to find her alternative accommodation as the hospital is not a secure unit. It being Sunday so far we’ve failed to do that, so we have a lot of calls to make in the morning. My question concerns my husband and his brother’s lack of an LPA - they only have an EPA and despite my raising concerns had done nothing to alter that before it was too late in terms of my mother-in-laws capacity. Without an LPA can they make the decision to place her in care - something she is not happy about - or do we need to involve social services (she is self-funding) or go through the lengthy process of appointing a deputy?
 
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karaokePete

Registered User
Jul 23, 2017
6,558
0
N Ireland
Hello @TooManyCooks you are welcome here.

That is an unfortunate situation as an EPA won't cover care issues. I don't have experience of your issue but my understanding is that if decisions are to be made on behalf of someone who does not have capacity and has not granted LPA to someone then appointment of a deputy is the route that has to be followed.

Someone with specific experience may be able to answer you later, or tomorrow, but if they don't, may I suggest a call to the experts on the helpline may assist(I hate to add to that list of calls that you have to make). The details are

National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm


Live on-line advice is also available in the UK and you can see the details of that if you follow this link https://www.alzheimers.org.uk/get-support/national-dementia-helpline/live-online-advice
 

Lirene

Registered User
Sep 15, 2019
243
0
Enduring Power of Attorney has been used for many years and covered everything. The Lasting Powers of Attorney, Health and Welfare and/or Financial, have only been around these last few years. As far as I am aware the Enduring Power of Attorney is still valid and did not need updating hence the ‘Everlasting’.
Hope you get the legalities sorted without too much hassle!
Love and hugs xx
 

Lirene

Registered User
Sep 15, 2019
243
0
Sorry I should have typed
‘hence the ‘Enduring’
It can continue even if the person loses capacity.
Apologies xx
 

karaokePete

Registered User
Jul 23, 2017
6,558
0
N Ireland
Enduring Power of Attorney has been used for many years and covered everything. The Lasting Powers of Attorney, Health and Welfare and/or Financial, have only been around these last few years. As far as I am aware the Enduring Power of Attorney is still valid and did not need updating hence the ‘Everlasting’.
Hope you get the legalities sorted without too much hassle!
Love and hugs xx
I don't think that's correct. We still have the old EPA system in my part of the UK and, yes, they can still be valid but they only cover finances and property.
 

Lirene

Registered User
Sep 15, 2019
243
0
Yes you are correct. Once the Donor loses capacity an EPA has to be registered with OPG, I’m sure your Solicitor will advise further on all legalities of the appointed Attorney(s).
Good luck xx