Is H&W LPA required to get DST copy?

Discussion in 'Legal and financial issues' started by Bobj, Jan 31, 2015.

  1. Bobj

    Bobj Registered User

    Jan 31, 2015
    1
    Devon
    hi,

    We're just starting down the CHC appeal route on behalf of my 93yo MiL. She was in self funded care for over 6 years but most of the last 2 years have seen a rapid decline. Over last 18 months she has undergone 4 CHC reviews initially at SS recommendation (results being +ve, -ve, +ve but rejected by panel and -ve). I have copies of the 1st and 2nd DSTs and requested the most recent DST from the nurse funding assessment team as soon as I received formal notification of its outcome.

    I received a letter and disclosure forms today requesting H&W LPA implying it's necessary to provide me with any documentation - completed the forms and sent off but she only has an EPA from 2007, registered 2014. So no LPA.

    Can they withhold the DST from her attorneys? Two of her daughters were at the DST review and made notes, but it's not the same as having the document.
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
    This

    20. A copy of the completed DST (including the recommendation) should be forwarded to
    the individual (or, where appropriate, their representative) together with the final
    decision made by the CCG, along with the reasons for this decision.

    https://www.gov.uk/government/uploa...upport-Tool-for-NHS-Continuing-Healthcare.pdf

    does not define representative but if they do not consider you to be a representative I would argue that the daughters who attended the meeting are representatives and are entitled to the documentation.
     

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