Court of Protection an oxymoron

Discussion in 'ARCHIVE FORUM: Support discussions' started by eiggam, Aug 1, 2007.

  1. eiggam

    eiggam Registered User

    Jan 5, 2007
    The Court of Protection has no procedure for the protection
    of the Donor. This is no protection for any elderly person with Alzheimer’s.

    The Court heard our objections, then decided who will be in control of finances.
    I asked the Court what about Health decisions. Can you register me as the one responsible for the well fare of My Mother as I differ greatly with the EPA on what is comfort and what makes my Mother feel better.

    The answer I received was a flat ‘No’.

    So, when a Ct-Scan is suggested by a Doctor, but the Health Board see’s this as over and above what they will pay. The EPA can say ‘Don’t go ahead with any Ct-Scan.’

    My Mother has more than enough money to pay for this, My Mother worked all Her life, and now She cannot make these decisions for Her self, There is no-one to speak for Her well-being.

    This is grossly unfair. Can anyone suggest where I go from here.
    Many thanks for listening,
  2. lovdn2

    lovdn2 Registered User

    Jul 24, 2007
    Hello Maggie

    Can you apply for guardianship of your mother?

    This was something that a solicitor suggested as an option to a friend of mine, it may be worth going to the CAB and asking them for help.

    The Ct scan problem may be overcome by you visiting the GP yourself and asking if it is possible to arrange a private consultation.
  3. Lucille

    Lucille Registered User

    Sep 10, 2005
    Hello Maggie

    Sorry to hear about your dilemma. An EPA only covers financial matters not health and welfare, although this will change in October when the new LPA comes in. (Check out the PGO website for details).

    I hope you can get something sorted soon. It all sounds a bit of a nightmare.

    Best wishes.
  4. Nebiroth

    Nebiroth Registered User

    Aug 20, 2006
    Sadly as regards health decisions I think the Court cannot do anything. At the moment, Power of Attorney does not encompass health or welfare matters, only financial ones.

    This will change from this year, when people will be able to make Lasting Powers of Attorney where they may, optionally, grant powers for some healthcare decisions also.

    At that time the Court might well be able to do the same. Until then I don't think there's much that could be done there.

    As you note, the Court will make whoever they deem most suitable to become the attorney, which might not be who the person themselves would choose.
  5. eiggam

    eiggam Registered User

    Jan 5, 2007

    Thank you for your info. I don't know what CAB stands for, can you explain what this is.
    Applying for guardianship is a very good idea if that cover's Health matter's and can over-ride the EPA. Not that an EPA has any rights when it comes to Health,
    but, the Health Board seem to think the EPA stands for everything, and only deal with that person.

    The Court of Protection explained all about the changes in October, not much good for the present.
  6. Brucie

    Brucie Registered User

    Jan 31, 2004
    near London
  7. Natashalou

    Natashalou Registered User

    Mar 22, 2007
    It seems to me though that the actual decision here is really a financial one rather than a welfare one or at least equally so.
    Im reading this that the attorney is refusing to use the donors money to contribute towards a scan. Surely its the attorneys responsibility to use the donors money in her best interests or as she herself would have done , and it seems to me paying for the scan fulfils both of those?
    The fact it is a scan seems to me to be slightly a red herring, it is simply something the donor would benefit from and can could equally well be a television!
    (sorry if that sounds flippant, it certainly isnt meant to , the point Im trying to make is that the scan is something that needs , in this case "buying")
  8. eiggam

    eiggam Registered User

    Jan 5, 2007
    Good News

    Thanks bruce for the definition.
    Your right about it being a financial decision, and a health matter.
    The scan was done, and glad to report 'No hair line Fracture' the Hospital just went ahead and did it, I do not know who will be paying for it. At the moment I am just glad for the good news.
    You do not sound flippant at all. This is what both my Sister and myself have been dealing with for a few years now when ever money comes up. Way to long to explain, but all we ask for are a few basic comforts, but, the EPA has refused to pay for comfort, saying, 'an Alzheimer's patient does not need comfort'.And on it goes.
    It does make me feel better when I see responses from this site.
    Thanks. Maggie
  9. Margaret W

    Margaret W Registered User

    Apr 28, 2007
    North Derbyshire

    Yes, Natasha, I am just learning about what a power of attorney does for you, and it is really only power over financial matters (unless it is one of the new ones), but as someone said, if you want to pay for a private scan, providing that you can show that your decision is in the best interest of the patient, I can't see any reason why you shouldn't do that, and it is certainly what I would do for my mother if I needed to. Not that you should need to, but that is another story.

    Hope it works out for you. Let us know.

  10. dave b

    dave b Registered User

    Nov 21, 2006
    i now have a problem, i thought a epa gives free rein to spend moms money
    to her advantage without any recourse to any authorotey? ? spelling!.
  11. Brucie

    Brucie Registered User

    Jan 31, 2004
    near London
    In broad terms, I think that is the case, but it is the definition of what is 'advantage' that is key.

    What you believe to be to her advantage may not be what the Court of Protection believes.

    The Court of Protection can demand an accounting of what has been spent, and can take action should it regard the spending not to have been appropriate.

    The EPA gives the attorney the right to use the money that belongs to the person for that person's benefit, but the attorney needs to account closely for what is spent and why.

    I include spending down to individual tubes of toothpaste on my accounting for my wife.
  12. Margaret W

    Margaret W Registered User

    Apr 28, 2007
    North Derbyshire

    I'm not quite witb this thread, but my understanding of an EPA is that you can use a person's money for anything that is reasonable,. What you cannot do is dictate what medical treatment they have, or where they must live, but if you think your parent will benefit from some sort of expenditure, that is fine. I am thinking of paying for a private hearing aid for my mother, as the NHS waiting list is about 3 years, the hearing aid might cost £2,000 but I feel that is justified and I will pay it out of her money, and let anyone query

    Love to all


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