How much legal power does a Deputy have?

[angelface]

My aunt has a Deputy, who is appointed to deal with Finance. The Deputy is a solicitor who I wanted appointed as I did not want to be Deputy.

I am aunties next of kin, and the solicitor has always agreed to anything reasonable that I wanted for my aunt.

What I would like to know, is who has legal power to make health decisions for my aunt. Auntie is in a care home.

 

[jenniferpa]

No one particularly. These sorts of decisions are supposed to be made by consultation with everyone involved with your aunt's care: social workers, care workers, medical professionals, you, and in certain circumstances the Deputy.

You need to look at the MCA code of practice to get an idea of how this should work.


You can download it here

 

[angelface]

Thankyou Jenniferpa, shall look at that. The trouble is that CH staff say the GP is not doing a lot. The GP says the CH is not caring as well as it should be..... Also SW signed off some time ago.

Anyone else been in this position where they are next of kin, but not POA? Auntie would never allow POA anyway, so we ended up with a Deputy.

 

[Saffie]

Anyone else been in this position where they are next of kin, but not POA? Auntie would never allow POA anyway, so we ended up with a Deputy.

I am and I think you will find that a lot of Deputies are.
However, I have not found it to be a hindrance in any way.

 

[scared daughter]

Hi

I have a financial deputyship for my mum, but not a health and welfare one, I believe as next of kin thats all we need to be involved in best interest meetings. I don't think a decision is ever made by one person - it's all part of making sure decisions are "safe" and in the interests of the person who needs out help xx IE for care and welfare you can be consulted as much as a deputy xx