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Do I need to apply for Deputyship for mum's health and welfare?

Discussion in 'Legal and financial issues' started by Dino, Sep 14, 2017.

  1. Dino

    Dino Registered User

    Aug 7, 2011
    39
    I posted about applying for Deputyship for mum's finances, my brother who had Deputyship has died.

    I live in the States and mum is in England.

    My question is do I also need to apply for Deputyship for mum's health? Is it absolutely needed?

    With being her daughter would I be able to make decisions/be consulted?

    I am her next of kin, there are no other family members only a brother-in-law, my sister has brain damage and unfortunately cannot make desicions.

    Thank you for any advice.
     
  2. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    3,180
    Female
    Chester
    Short answer - No

    Whilst you can get Power of Attorney for health and welfare only in exceptional circumstances will the court grant deputyship for H & W so you won't be awarded it even if you apply.

    As next of kin you should be involved in any decisions made about your mum, but unfortunately hospitals, social workers and others don't always make sure this happens so you should always try and make contact and make it clear you want to be kept informed and involved.
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    38,381
    Dino, well you could but I have to tell you, deputy applications for health and welfare are rarely granted, the rationale being that the normal procedures for consulting family members are adequate. The times they are granted are in situations where there might be a lot of rapidly changing circumstances and decisions might have to made quickly and frequently.

    So on the whole, no. It's pointless.
     
  4. Dino

    Dino Registered User

    Aug 7, 2011
    39
    Thank you for your reply.

    I thought it was Deputyship but you can get Power of Attorney for health and welfare?

    The nursing home just sent me an email asking me when I'll be in England so we can meet and "discuss moving forward with mum's Power of Attorney"

    I don't know what to say. If Power of Attorney is not needed as I'm her daughter I wonder why they are pushing for it to be done?
     
  5. Dino

    Dino Registered User

    Aug 7, 2011
    39
    The nursing home just asked me when I will be in England so we can discuss moving forward with mum's Power of Attorney.

    I'm confused though if with my being her daughter it's not needed? (I thought it was called Deputyship for health)

    They know to call me immediately if I need to fly over.

    I don't know for sure mum's condition. I'm told on the phone she is fine but she broke her hip and just hada seizure.

    Thank you for your reply.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    13,435
    Male
    North Manchester
    #6 nitram, Sep 14, 2017
    Last edited: Sep 14, 2017
    Power of attorney in this context is lasting power of attorney (LPA), a power that lasts if the donor has lost capacity.
    It can only be granted if the donor has capacity, do the nursing home consider she has capacity?

    It gives the person chosen by the donor power to act on their behalf if they loose capacity, there are two types - health and welfare, finance.

    Have a look at https://www.gov.uk/power-of-attorney/make-lasting-power
     
  7. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    3,180
    Female
    Chester
    Deputyship can only be applied for if someone has lost capacity, as you state that your brother had deputyship I assumed your mother had lost capacity prior to your brother being granted deputyship.

    Prior to losing capacity a person can appoint an Attorney via an LPA, this can be done for both health and welfare and finance, so I was trying to explain that often this gets confused (not sure I am explaining very well)

    The care home won't necessarily understand the difference between deputyship and power of attorney.

    And banks and financial institutions don't either based on posts on here.
     
  8. Dino

    Dino Registered User

    Aug 7, 2011
    39
    No, mum doesn't have capacity at all, not for the last 6 -7 years.

    Everyone on here is so helpful so I wanted to get some info before talking to the manager of the nursing home again.

    Thanks for ur reply.
     
  9. Dino

    Dino Registered User

    Aug 7, 2011
    39
    Thank you jugglingmum. I understand more now, I'll contact the manager of the nursing home again and explain.
     

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