Discussing care needs when family may not have lasting power of attorney health and welfare

Kifscake

New member
Jul 20, 2019
2
Hi my aunt has advanced dementia.
She lives in a residential care home. At a recent relatives meeting the new manager said she was unable to discuss care needs regarding individual residents if family members did not have lasting power of attorney health and welfare
She said this was the law.....
My brother and I have lasting power of attorney health and welfare for my aunt but the main support and visitor to her is my sister in law. After two years of being fully involved in her care needs she has been told staff can’t talk to her anymore about xxxxx’s care needs. We all feel strongly this is not in my aunts best interests.
The same situation will occur if there are family members in the home who did not get P of A when their loved one was in the early stages of dementia and who had capacity to arrange this. They now have to apply to Court of Protection and this can take a while to sort. It seems unbelievable to me that in the meantime no one at the home is allowed to discuss the care needs of a mother, husband, father etc. with a loving and concerned relative. Anyone had this situation......?
 

Sirena

Registered User
Feb 27, 2018
2,063
I don't have H&W LPA for my mother, just financial. No one at the CH, nor any healthcare professional, has ever refused to discuss my mother's care with me. In fact one HCP asked earlier this year if I had H&W, I said no, and she said it would make no difference what she said to me anyway. There IS only me, so they can't be that picky unless they don't want to discuss her with anyone.

I'm not aware of any recent change in the law, but if there has been one other members will definitely know about it. To me it sounds like a policy the new manager decided to institute. There seem to be some misunderstandings in the way the rules are applied around LPA.
 

nae sporran

Volunteer Host
Oct 29, 2014
6,354
Bristol
Hullo and welcome to Dementia Talking Point @Kifscake. I've never heard of that rule myself, and was always on my partner's care plan as the man to talk to about her needs long before gaining POA. The dementia helpline would be your best bet for advice.
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Rosettastone57

Registered User
Oct 27, 2016
1,152
Hi my aunt has advanced dementia.
She lives in a residential care home. At a recent relatives meeting the new manager said she was unable to discuss care needs regarding individual residents if family members did not have lasting power of attorney health and welfare
She said this was the law.....
My brother and I have lasting power of attorney health and welfare for my aunt but the main support and visitor to her is my sister in law. After two years of being fully involved in her care needs she has been told staff can’t talk to her anymore about xxxxx’s care needs. We all feel strongly this is not in my aunts best interests.
The same situation will occur if there are family members in the home who did not get P of A when their loved one was in the early stages of dementia and who had capacity to arrange this. They now have to apply to Court of Protection and this can take a while to sort. It seems unbelievable to me that in the meantime no one at the home is allowed to discuss the care needs of a mother, husband, father etc. with a loving and concerned relative. Anyone had this situation......?
This sounds like a rule that is confined to this particular home. When my mother-in-law was in a care home, although I had POA for health and welfare, no one asked for it and it didn't stop staff talking to me about her. I'm sure others will be along soon who can clarify the legal aspect
 

nellbelles

Volunteer Host
Nov 6, 2008
8,558
leicester
Hello @Kifscake and welcome to DTP from me
I didn’t have LPA health and welfare but I was included in all of my husbands healthcare decisions both with his new GP and the Care home staff
 

Moggymad

Registered User
May 12, 2017
458
I don't have LPA either but I have always been involved in mums care & had discussions with the manager, deputy & staff although the staff do sometimes tell me they are not supposed to discuss things. A new manager is due to start soon so I'll see then if it changes.It's making me wonder now as I haven't had my letter about attending a review of my resident's care plan which were apparently sent out a few weeks ago. I did however get a form asking if anyone held any LPA's. Hmmm......
 

nitram

Registered User
Apr 6, 2011
19,707
North Manchester
It sounds like a very strict use of 'patient confidentiality',

You said your sister in law has been banned from discussing health matters although she had been fully involved for 2 years.
During any of this time did your aunt have capacity and know that sister in law was discussing her care?
If so there is a case to make that as she gave then this should be continued after she last capacity.


Rather than apply to the COP for permission, it would almost definitely have to be permission not a full H&W LPA, you could try to organise a formal best interests meeting through social services.