AWI and POA - Scotland

[Rose Lee]

Mum is currently in hospital and underwent surgery. The hospital issued an AWI (Adult With Incapacity). My mother has registered a POA (Power of Attorney) naming my brother and I as joint attorneys for both Welfare and Continuing. My understanding was that while AWI was active, that my brother and I were her POA, however the hospital has acted as though the AWI gives them ultimate control over medical decisions and they have been shockingly poor over communicating about my mother's health/condition/medical decisions.

I have contacted her solicitor this morning to discuss the situation. But have I got it wrong? If there is an AWI currently in place, would I still need to trigger the POA via her solicitor and GP in order to be best placed to help make decisions about her treatment? We have held back from doing this before now, for her own sake of self and wellbeing, as we are aware that it would upset her in moments of clarity.

Any/all advice appreciated. Feeling pretty ignorant.

 

[nitram]

Try asking Alzscot

24 hour Freephone Dementia Helpline | Alzheimer Scotland

Emotional support and signposting advice, available 24 hours, everyday of the year.

www.alzscot.org

 

[Springiscoming]

I am not sure what the hospital issued AWI is sorry, but we also in Scotland got the finance and welfare POAs done thankfully before mum lost capacity. We registered them with the court of protection and then I registered the POA with each individual financial institution.
As mum’s illness advanced I was given a letter by her psychiatrist confirming that she had lost the capacity to make welfare decisions in her own best interests and I’ve logged that with her GP etc and carry a copy with me.
So far as I know, once that has been done it enables you to make decisions on her behalf. I am sure someone with more detailed knowledge of the law will be along shortly! All the best!

 

[Rose Lee]

Try asking Alzscot

24 hour Freephone Dementia Helpline | Alzheimer Scotland

Emotional support and signposting advice, available 24 hours, everyday of the year.

www.alzscot.org

Thank you @nitram

 

[Rose Lee]

I am not sure what the hospital issued AWI is sorry, but we also in Scotland got the finance and welfare POAs done thankfully before mum lost capacity. We registered them with the court of protection and then I registered the POA with each individual financial institution.
As mum’s illness advanced I was given a letter by her psychiatrist confirming that she had lost the capacity to make welfare decisions in her own best interests and I’ve logged that with her GP etc and carry a copy with me.
So far as I know, once that has been done it enables you to make decisions on her behalf. I am sure someone with more detailed knowledge of the law will be along shortly! All the best!

Thanks @Springiscoming. In Scotland we have the Adults with Incapacity (Scotland) Act 2000. When someone is in hospital a doctor can issue an AWI which lasts for the duration of the hospital stay until 30 days after discharge from hospital, when it then expires. These are issued when a person is deemed to not have the capacity to make decisions about their healthcare. As mum has vascular dementia and can be very confused when this is coupled with an infection, she has previously had a AWI. I think my brother and I need to trigger the POA as I have, wrongly, assumed that the issue of the AWI temporarily triggers the POA. I am, not for the first time, confused. With regard to the capacity letter that the psychiatrist wrote for you, did you request this, or did this happen as a result of a decision the psychiatrist made?

 

[Collywobbles]

If you’re in the UK, there should be a PALS (patient liaison) department. It’s worth approaching them, and asking them to intervene to improve communication and decision-making. That’s what they’re there for.

 

[Springiscoming]

Thanks @Springiscoming. In Scotland we have the Adults with Incapacity (Scotland) Act 2000. When someone is in hospital a doctor can issue an AWI which lasts for the duration of the hospital stay until 30 days after discharge from hospital, when it then expires. These are issued when a person is deemed to not have the capacity to make decisions about their healthcare. As mum has vascular dementia and can be very confused when this is coupled with an infection, she has previously had a AWI. I think my brother and I need to trigger the POA as I have, wrongly, assumed that the issue of the AWI temporarily triggers the POA. I am, not for the first time, confused. With regard to the capacity letter that the psychiatrist wrote for you, did you request this, or did this happen as a result of a decision the psychiatrist made?

I requested it, based on an appointment during which he clearly stated that mum has lost capacity. However, interestingly the home care agency is stating that the letter of incapacity should be a “certificate of incapacity - while our solicitor says that the letter equates to the certificate. The whole thing is very confusing and really doesn’t help!

 

[Kevinl]

Wow and just wow, how much more complicated than the rest of the UK.best wishes Rose Lee. K