Health & Welfare Lasting Power of Attorney

[Noidea]

Hi

My aunt has LPA for my uncle who has vascular dementia.

A few months ago, my uncle went into a residential home so that my aunt could have some respite.

Since then he has been in and out of hospital and returned to the RH.

He is back in hospital again, incredibly frail and no longer eating. The doctors say that my uncle is now considered 'end of life'.

My aunt is desperate for my uncle to come back home to live his days out there, but the social worker has said she will have to 'wait and see'.

We understand that everyone wants the best for my uncle but his time is running out and it has been so long since my aunt has been permitted to see him for any length of time, let alone cuddle him.

Can my aunt insist that he comes home once he is discharged from hospital?

Thank you in advance.

 

[Adoralan]

Hi @Noidea,
So sorry to hear you are in this sad situation. I'm not sure of the answer to your question, but perhaps Compassion in Dying can advise? 0800 999 2434
Their section on LPA for health and welfare says :
"Generally, an attorney can make decisions about anything to do with the donor’s (the person who made the LPA) health and personal welfare. This includes decisions about medical treatment, where the donor is cared for and the type of care they’ll receive, as well as day-to-day things like their diet, how they dress and their daily routine."

I haven't dealt with them personally, but perhaps check their website out and see if you think contacting them could be helpful.

Very best wishes

 

[Louise7]

Hello @Noidea welcome to Talking Point, where you'll find lots of friendly advice and support. Sorry to hear about your uncle, and the problems your aunt is having in visiting him at this difficult time. It may be worth contacting the hospital PALS team to see if they can help with facilitating longer visits on compassionate grounds so that she can spend more time with her husband. Has the hospital said that they will be discharging him soon? If so, as your aunt has LPA she should be permitted to put forward her views prior to discharge, although if social services are involved they will need to ensure that he is discharged to somewhere where his needs can be met. I'd suggest contacting the dementia connect support line for advice about the situation as they have a wealth of experience and will be able to advise you on how best to help and support your aunt: https://www.alzheimers.org.uk/dementiaconnect

 

[Noidea]

Thank you so much for your replies Adoralan and Louise7 ❤️

I will mention your suggestions to my aunt.

The RH have offered my aunt a 1 hour visiting slot per week which is woefully inadequate.

My uncle has continuing health care but as he needs 24 hour care, the local authority/NHS have been saying they can't provide that level of care in his home. My aunt had been doing most of the caring herself and has a proper hospital bed, hoist etc fitted. She knows much better how to take care of my uncle than anyone else does. They have been married for 55 years and I guess you get to really know a person after all that time.

My uncle's decline has been rapid, much like the experience of so many others during the pandemic, where relatives have not been permitted to visit.

I know so many people who have said that they'd rather see their families now and risk getting coronavirus, than to not see them and never being able to get that time back.

Thank you again.

 

[MartinWL]

Your aunt must act in the best interests of your uncle and if he needs 24hour care that will mean a very expensive system of care at home requiring at least four full time staff. If they can afford the eyewatering expense privately then as attorney she could make the decision to bring him home. It might not be a very realistic plan.

 

[Weasell]

Just a couple of other points. Just because he is end of life does not mean that he has lost capacity. If the social worker believes he has capacity and he has said he doesn’t want to go home then the LPA has no value.

If the social worker is not satisfied that the care package will be large enough to provide the level of care that he needs then adult protection law comes into place.

Sorry my points are not more positive, and I wish your aunt success!

 

[Noidea]

Thank you so much for your replies Adoralan and Louise7 ❤️

I will mention your suggestions to my aunt.

The RH have offered my aunt a 1 hour visiting slot per week which is woefully inadequate.

My uncle has continuing health care but as he needs 24 hour care, the local authority/NHS have been saying they can't provide that level of care in his home. My aunt had been doing most of the caring herself and has a proper hospital bed, hoist etc fitted. She knows much better how to take care of my uncle than anyone else does. They have been married for 55 years and I guess you get to really know a person after all that time.

My uncle's decline has been rapid, much like the experience of so many others during the pandemic, where relatives have not been permitted to visit.

I know so many people who have said that they'd rather see their families now and risk getting coronavirus, than to not see them and never being able to get that time back.

Thank you again.

 

[Louise7]

The RH have offered my aunt a 1 hour visiting slot per week which is woefully inadequate.

Hello @Noidea was this the care home visiting arrangements prior to the doctors stating that your uncle is end of life? If so, then the home should be offering more if he returns there as end of life. If your aunt hasn't already done so I suggest that she speaks to both the social worker and the care home manager to request increased visits on his return to the care home, on compassionate grounds. Hopefully they can reach a compromise over ensuring that your uncle receives the level of care that he needs and your aunt being able to visit him more frequently.

Here is the current government guidance regarding end of life visits:

2.2 Visits in exceptional circumstances such as end of life should always be supported and enabled. Families and residents should be supported to plan end of life visiting more deliberately, with the assumption that visiting will be enabled to happen not just towards the very end of life.

[Withdrawn] [Withdrawn] Guidance on care home visiting

www.gov.uk

 

[canary]

I would just like to mention that someone at End of Life needs much, much more caring/nursing than previously. I stayed with mum (pre covid) in her care home for the three days and nights before she passed away and it was harrowing. By this stage mum was bed bound and needed turning every 2 hours - day and night. She was also being given injections of pain killers etc and then put on a syringe driver and the nurse was on hand to make the decision about giving it to her. I seriously could not have done this at home as the pain killers would be given by the district nurses and I would have had to call them out every time she needed more medication. It would have been horrible.

I think your aunt may have seriously underestimated how much care he is going to need now.

People on End of Life are normally given much more freedom for visits, so I would check up with the home about this.