Enduring Power of Attorney - confused...

[Amanda2014]

Hi everyone

I've read some posts similar to this, but was hoping someone may be able to provide a definitive answer.

My Dad has to be registered with a new GP surgery and I took along my EPA, but they are refusing to accept this. They said that Enduring Powers of Attorney became invalid after 1 October 2007 - which is odd to me as it was drawn up and registered in 2012. I have had no problems using it elsewhere. I do understand, however, that it is different to Lasting Power of Attorney specifically for Health and Welfare though, unfortunately, it is too late to draw one up now as my Dad has had Alzheimer's for 7 years.

I'm a little stressed out about this as they were vague about what would happen if I needed to order medication for him. I suppose I thought that as next of kin, I would be able to do things like this.

What exactly can or can't I do if I only have EPA?

Many thanks.

 

[CardiffGirlInEssex]

EPA is for finances only, it doesn't cover health and welfare. As I understand it, EPA can operate in two different ways. If the person granting it still has capacity, it can be used for example to let someone help them with their finances. This was my situation, my parents had capacity but we're unable to deal effectively with their bank account due to physical issues, lack of a local branch rtf. So they filled in forms provided by the bank and I took those, together with the certified copy EPA and my ID, to the bank. I have a debit card and internet banking for their account, and it has made things much easier .

However, my mother (PWD) is now losing capacity which may mean having to register her EPA through the courts, as it may be necessary for me to sort out some of her individual accounts.

None of this helps with health and welfare issues and it is certainly too late for us to get an LPA sorted for that side of things now.

 

[Amanda2014]

Hi, yes I understood it to help only with financial matters. (Although the lady at the doctor's said it would be invalid for that too, but I know it's not. ) I suppose I'm really coming at this from the angle what if someone has no power of attorney in place whatsoever? Am I unable to order him medication or get doctor's appointments?
The lady also told me I had to apply to the courts to become his deputy, but that sounds like an awful lot if time and money. She made it sound like I have no choice if I want to register him, so I will if I have to as practically indeed to be able to order his medication and pads, etc...

 

[CardiffGirlInEssex]

Unfortunately i suspect you will have to go down the deputyship route to be able to act for him in health and welfare matters. Is he beyond being able to give permission for the GP to discuss medications etc with you? If so, deputyship is probably the only way.

 

[Sirena]

The receptionist at the surgery obviously isn't very clued up (it's not uncommon). The EPA will work fine for finance, and you can't get a deputyship for H&W.

Is your dad able to ask the GP to deal direct with you? Either by requesting it in person, or signing a letter?

I don't have H&W LPA (just finance) but my mother told the GP it was okay to speak to me, and the GP and every other medic has been happy to do so. I lived a long distance from my mother so when the point arrived when she had daily carers, I emailed the surgery and asked them to deal with the manager of the care agency for ordering/collecting medication and making appointments, and they did so with no problem. But if your dad is unable/unwilling to ask the GP to deal with you, they won't be able to.

 

[Amanda2014]

The receptionist at the surgery obviously isn't very clued up...you can't get a deputyship for H&W.
Is your dad able to ask the GP to deal direct with you? Either by requesting it in person, or signing a letter?

That's really interesting that I cannot do anything about the H&W even if I wanted to if deputyship is not an option. And my dad cannot sign letters. The GP could ask my Dad whether or not he is happy for me to be included in any medical matters, and my Dad may even mumble "yes", but as he lost capacity some time ago, I don't think his reply would count for anything.

I guess if there is nothing I can do, there is nothing I can do. I do hope they exercise some element of common sense though, e.g. if my dad is unable to request medication or organise doctors appointments, then I hope I can do that at the very least. I will find out next week.

Thanks for all the replies.

 

[jugglingmum]

Unfortunately i suspect you will have to go down the deputyship route to be able to act for him in health and welfare matters.

Deputyship is very rarely granted for H & W only for finance, so it is pointless applying as @Sirena has said.

Edited - cross posted

I suspect the receptionist is being jobsworth and the GP will in reality deal with you.

I order meds at my local pharmacy, and it is never questioned who I am ordering for - both when I did it for mum (she's now on a monthly dosset box which is delivered automatically) or my adult child.

 

[MaNaAk]

Although dad eventually had both LPAs for Finance and Health I never had to produce any of these to the doctor's receptionist so I agree with Juggling mum and I think the receptionist is being jobsworth.

MaNaAk

 

[silver'lantern]

ask for meds in a tray done at the chemist. they are made up automatically without having to reorder each month. works well for regular meds. i book appointments on line for us is that an option. but i have found most staff at our surgery understanding and brilliant. just requesting meds can usually be done by anyone i thought....but personal/private info and discussing the person with GP needs permission.

 

[CardiffGirlInEssex]

That's really interesting that I cannot do anything about the H&W even if I wanted to if deputyship is not an option. And my dad cannot sign letters. The GP could ask my Dad whether or not he is happy for me to be included in any medical matters, and my Dad may even mumble "yes", but as he lost capacity some time ago, I don't think his reply would count for anything.

I guess if there is nothing I can do, there is nothing I can do. I do hope they exercise some element of common sense though, e.g. if my dad is unable to request medication or organise doctors appointments, then I hope I can do that at the very least. I will find out next week.

Thanks for all the replies.

I have found that mostly the GPS are helpful not in discussing mums details but certainly listening to my concerns and acting on them. I have had one bad experience with a 'jobsworth' receptionist but that's all. And the pharmacy are great, always helpful and they ring me to check whether various meds are still required and so on.