EPA and LPA

[merlin]

Hi All

Can anybody help or had any experience of using a EPA to control the care aspect of a dementia resident in a CH.

In 2005 when my wife was, with some difficulty still able to write, we took out an EPA. This was 2yrs before the LPA for healthcare came into existence and now I want to have a say in her treatment. She cannot of course sign anything now so my question is therefore whether an EPA has any standing for treatment.

What is the legal position or is there anyway of obtaining an LPA for healthcare at this late stage?

 

[Noorza]

I think strictly speaking in legal terms the EPA only covers finances but mum's doctors refer everything through me as EPA and next of kin. It is my experience ONLY that they try to discuss decisions about mum's care with me and involve me, even more so since dementia was mentioned. Mum gave them this permission pre dementia. Of course different hospitals will be different but so far I haven't felt undermined by the health professionals. My experience only.

 

[FifiMo]

Merlin,

You might find this link interesting and it should answer a lot of your questions for you.

http://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/mca-code-practice-0509.pdf

Fiona

 

[nitram]

If your wife lacks capacity it is not possible for her to grant an LPA.

If your concerns about her care are those you outlined >>HERE<< even if you had a H&W LPA you could have problems arguing Health and Safety matters with the professionals.

See if you can discover the views of an OT to determine whether she could - and maybe should - be mobilised if always aided by two carers.

 

[carastro]

I think the above replies are right, the EPA does not cover health care. BUT as her next of kin, you should be able to voice your opinion on your wife's care and indeed the professionals should consult you and will normally take notice of your preferences so long as it doesn't conflict with their professional judgement.

Carastro

 

[nitram]

A good source of information about the MCA is:-

http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act

 

[merlin]

Hi All

Thank you all for responding and providing such useful information. We'll see wha happens today. It will be interesting to see whether the home manager or the NHS physios who broadly saying the same thing reach an acceptable solution (for me that is).

Seems strange to me that there is this bit of a black hole in the legislation whereby having brought in an LPA there is no retrospective legislation to cover the same treatment consultation by the next of kin but only what is effectively 'good will' on the part of the health professionals.

Thanks again, watch this space!

Merlin

 

[merlin]

Hi All

Thank you all for responding and providing such useful information. We'll see wha happens today. It will be interesting to see whether the home manager or the NHS physios who broadly saying the same thing reach an acceptable solution (for me that is).

Seems strange to me that there is this bit of a black hole in the legislation whereby having brought in an LPA there is no retrospective legislation to cover the same treatment consultation by the next of kin but only what is effectively 'good will' on the part of the health professionals.

Thanks again, watch this space!

Merlin

Well the meeting did happen with all parties reaching an acceptable solution. I guess the politics of the situation is that if the NHS physios say OK to my wife standing up as part of their recommended exercises then the risk is covered for the CH.

Anyway I now have a set of things to do with my wife on a daily basis which includes standing up and then sitting and leg stretching etc. So hopefully she will not lose the use of her legs entirely for the immediate future.

What I shall also do is write these exercises into the care plan and stick it in a prominent place in her room and hopefully the carers will also participate, because on the whole, they are genuinely nice people.

Merlin