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Hospital deny LPA

Tony BUTTY

New member
Feb 21, 2020
3
So it turns out I will have to see a solicitor this coming monday , My wife has EOVD and is riddled with cancer about 6 weeks of life left in her according to the docs ,
My problem is that we're estranged from our daughter and I'm asking the hospital to bar her from visiting because she keeps upsetting my wife , We haven't spoken to her in almost 9 years and my wife said when she still had capacity that she wanted nothing to do with her , But the hospital won't follow my instructions as an attorney because they don't think I have the power to do so even though I have the LPA and the office of public guardian say they should do as I say but still they won't . The hospital are a law unto themselves so I will now have to pay for a solicitor to get this resolved and get my rights back .
 
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karaokePete

Registered User
Jul 23, 2017
5,634
N Ireland
That's a sad situation and I feel for you. Unfortunately, family issues are common.

If you want to talk it through with anyone the experts on the help line can be good, details as follows

National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday
9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

Live on-line advice is also available in the UK and you can see the details of that if you follow this link https://www.alzheimers.org.uk/get-support/national-dementia-helpline/live-online-advice
 

GeordieAg

Registered User
Nov 1, 2018
16
That is so frustrating for you, and something you can do without at the moment.

If the OPG say you have LPA, refer the hospital to Section 9 and ask them on what grounds they are refusing to listen to you. The second paragraph clearly states that you can make decisions about health and welfare. How can they say this situation is good for your wife's welfare? Take it to the highest level as soon as you can, before it takes over what precious time you have left to spend with your wife.

So sorry if this reads like I'm on a soap box, but I am - on your behalf. Fingers crossed for you.
 

Attachments

DesperateofDevon

Registered User
Jul 7, 2019
2,742
So it turns out I will have to see a solicitor this coming monday , My wife has EOVD and is riddled with cancer about 6 weeks of life left in her according to the docs ,
My problem is that we're estranged from our daughter and I'm asking the hospital to bar her from visiting because she keeps upsetting my wife , We haven't spoken to her in almost 9 years and my wife said when she still had capacity that she wanted nothing to do with her , But the hospital won't follow my instructions as an attorney because they don't think I have the power to do so even though I have the LPA and the office of public guardian say they should do as I say but still they won't . The hospital are a law unto themselves so I will now have to pay for a solicitor to get this resolved and get my rights back .
You should have a copy of the LPA they need to photocopy this for their files!
As LPA if you are having issues authorising this please call the office of public guardians with whom the LPA is registered &as part of their duties they will act on your behalf.
no solicitor required!
I only found out this after my PWD had passed , so hope my bit of hindsight might help you
Xxx
 
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Jessbow

Registered User
Mar 1, 2013
3,068
West Hertfordshire
All sounds very sad- how can she keep upsetting your wife if you haven't spoken for 9 years?


Does she know her mother is at the end of her life?

I know you want to uphold your wifes values, but is it really worth it now?
 

Louise7

Registered User
Mar 25, 2016
2,364
It's not clear from your message but has your daughter been turning up at the hospital and upsetting your wife or are you just putting precautions in place in case she does?

Have you spoken to PALS at the hospital about this? When Mum was in hospital the staff ignored her LPA and didn't include family in 'best interest' decisions etc. It seemed that most staff had a complete lack of knowledge with regards to a Power of Attorney being a legal authority. In response to a complaint the hospital stated that all staff received training every 3 years which included the provisions of a Power of Attorney, but failed to explain why the staff were still ignoring the Power of Attorney provisions. Seems like their staff training needs an overhaul ☹ It could be that rather than 'denying' your power of attorney they simply don't understand what one is and the legal authority that it has.
 

Quizbunny

Registered User
Nov 20, 2011
117
I doubt very much that the ward staff would feel it was their job to vet visitors to be honest.
 

Beate

Registered User
May 21, 2014
12,021
London
I could understand barring someone from a care home logistically, as it's a closed unit, and residents are mostly long-term. But anyone can walk onto a hospital ward, and I can't see any nurses rushed off their feet having time to check who should or shouldn't be there.
 

Hotdoggy

Registered User
Feb 5, 2020
17
Speak directly to the Nurse in Charge on the ward or the Ward Manager. If no joy there, speak to PALS ....start mentioning the words ‘potential ‘safe-guarding’ issues’ and ears will prick up
 

Tony BUTTY

New member
Feb 21, 2020
3
Yes I have spoken to the Ward Staff about my daughter upsetting her Mum !, But they say there isn't enough evidence to support banning her at this point even though she agreed to certain rules with the staff and then just flat out broke them .
As for the L.P.A. yes they do have a copy of it but are saying they're not legally trained so can't act on it !!!!! .
I made a complaint to PALS and they said the hospital legal team said they don't have to abide by the L.P.A. or my wishes as an Attorney because it's not specifically stated in the L.P.A. to ban daughter in the same way it's not stated that my wife doesn't want to have boiling water thrown over her !?.
My daughter visited at a time she wasn't meant too ( After agreeing with staff to visit at certain times ) so then when asked to leave she reported ME ! to the police for having her removed .
She's also been asked NOT to do video conference phone calls with get this 6 other people showing them the sate my wife is in and taking pictures of her ,Even though she has dementia and can't agree to it the staff were told but she's still doing it ! .
So my only recourse is to see a solicitor and then get my costs back via a small claims because I know I'm in the right even the office of public guardian said so .
 

Tony BUTTY

New member
Feb 21, 2020
3
That is so frustrating for you, and something you can do without at the moment.

If the OPG say you have LPA, refer the hospital to Section 9 and ask them on what grounds they are refusing to listen to you. The second paragraph clearly states that you can make decisions about health and welfare. How can they say this situation is good for your wife's welfare? Take it to the highest level as soon as you can, before it takes over what precious time you have left to spend with your wife.

So sorry if this reads like I'm on a soap box, but I am - on your behalf. Fingers crossed for you.
Thanks for the above ,But I will still outlay some cash on a solicitor and threaten to sue them if they don't listen to me .
 

Hotdoggy

Registered User
Feb 5, 2020
17
Yes I have spoken to the Ward Staff about my daughter upsetting her Mum !, But they say there isn't enough evidence to support banning her at this point even though she agreed to certain rules with the staff and then just flat out broke them .
As for the L.P.A. yes they do have a copy of it but are saying they're not legally trained so can't act on it !!!!! .
I made a complaint to PALS and they said the hospital legal team said they don't have to abide by the L.P.A. or my wishes as an Attorney because it's not specifically stated in the L.P.A. to ban daughter in the same way it's not stated that my wife doesn't want to have boiling water thrown over her !?.
My daughter visited at a time she wasn't meant too ( After agreeing with staff to visit at certain times ) so then when asked to leave she reported ME ! to the police for having her removed .
She's also been asked NOT to do video conference phone calls with get this 6 other people showing them the sate my wife is in and taking pictures of her ,Even though she has dementia and can't agree to it the staff were told but she's still doing it ! .
So my only recourse is to see a solicitor and then get my costs back via a small claims because I know I'm in the right even the office of public guardian said so .
Well I find that absolutely shocking ....yes, legal advice now the best route but really something you shouldn’t have to go through at this time - do let us know how it goes & you gave my empathy