Hi, i'm new to this forum. My dad has alzheimer's dementia and we already have lasting power of attorney in place and lodged with all the various organisations. My sister and I are named on the LPOA as the attorneys and my wife Sarah is the named replacement attorney. Despite all three of us having been in contact with my dad's gp surgery over the last eighteen months today, they have decided today that they can no longer speak with Sarah. Whilst I do understand this I asked if I could act on behalf of my dad and issue written authorisation for Sarah to be a named contact when discussing my Dad. I'm waiting for the practice manager to get back to me with her answer. But can only describe the person who did speak to me as a uninformed jobs worth. Does anybody know whether I can take this action On behalf of my dad, as indeed, he would do himself if he had mental capacity.
LPOA and GP surgery
- Thread starter AntB
- Start date
The practice has to be prepared for any inspection, discussing details with a replacement attorney would be a fail.
It will be interesting to see whether or not they think you have the power to give consent on his behalf.
If in difficulty
It will be interesting to see whether or not they think you have the power to give consent on his behalf.
If in difficulty
Last edited:
Had you visited the GP together when she had capacity and talked openly about medical details?
When she was more mobile I'd attended surgery with her once or twice but this was very much pre-dementia and in regard to other long-standing health issues. When I enquired the surgery sent a form for her to fill in agreeing that I could speak on her behalf.
As an aside I'm also registered with my local council as her carer via their carer emergency service so in the event of me being taken out of play they can provide temporary assistance.
Hi AntB
I'm with Nitram on this based on my experience too because the practice has to be ready for any type of audit at a moments notice to prove they are acting properly.
My Mum's GP practice, because I had always attended with her to all appointments, before being formally diagnosed, the GP was happy to talk to me on the phone when I hit issues with her after a hip op. I hadn't at that point registered my LPA with the GP surgery (which I should have done), but the GP didn't refuse to talk to me, and then based on our conversation, do what the GP needed to do etc, because the GP had known me and Mum for years and that we worked as a team.
But I did get rumbled by the receptionists when calling up after Mum's formal diagnosis, and then registered with them my LPA. And even after that, there seemed to be some confusion every time I rang, but being polite and only mildly confused by the process, the receptionists helped me through it. It was something not registered their end on their computer system.
Replacement attorney's won't kick in until that process is required. They may be named on the LPA but I'm sure there will be legal ramifications about them taking over before that has kicked-in formally.
My experience of receptionists is they are the gatekeepers, and sometimes that is really frustrating but if you work with them and the GP they will work with you to find the best way forward.
I doubt that any GP surgery will accept calls from a "potential" attorney in waiting. The process and computer systems aren't set-up that way.
That being said, if there is an emergency the GP surgery and receptionists will do whatever to help whoever reports to them about the person concerned. I had experience of this with my Mum, when she had a fall, couldn't get-up, seemed to have been unconscious for a period of time, and as I live hours away, the neighbour who found her and because her Mum was at the same GP surgery, contacted the surgery on behalf of Mum and they didn't refuse to help in that emergency. They recommended 999 and an ambulance etc and kept track of what had happened and also called me as did the ambulance service.
It may come down to what is Sarah asking them to do on behalf of your Dad based on her relationship with them, that you can't do yourself? What is Sarah asking the GP to do for your Dad?
As you have the LPOA, you are expected under those terms to behave according to the legal terms you agreed and accepted. Does the LPOA allow you designated someone else to do stuff for your Dad, if you aren't able to do it but whilst you still are alive and hold LPOA? I would be upset myself if this was even legally possible. The ramifications of those of us who hold LPOA and being able to designate to even those just waiting in the wings is a legal mine field which the law can't support.
Are you just thinking about Health & Welfare? Think if this was Finance and Property? My head is struggling to get around the implications of this so I think you asking a GP practice because you hold LPAO to designate someone not recognised by law to carry out such actions will be a big "No"
If you and Sarah, and family have a relationship with the GP and you say that you aren't able to carry out your duties as LPOA for whatever reason, and you cannot fulfill your duty as LPOA for your parent's care and Sarah needs to step in, then you must discuss with the Practice Manager of the surgery.
Nitram will correct me, there is absolutely no precedence whatsoever that allows anyone with any POA or LPOA to designate to potential attorneys whilst they are still alive.
And the laws around this are drawn-up to protect our loved ones. We may be inconvenienced by them but at the end of the day we agreed as LPAs to sign-up and support our loved ones and we need to recognize those rules and fulfill them.
All the best to you.
I'm with Nitram on this based on my experience too because the practice has to be ready for any type of audit at a moments notice to prove they are acting properly.
My Mum's GP practice, because I had always attended with her to all appointments, before being formally diagnosed, the GP was happy to talk to me on the phone when I hit issues with her after a hip op. I hadn't at that point registered my LPA with the GP surgery (which I should have done), but the GP didn't refuse to talk to me, and then based on our conversation, do what the GP needed to do etc, because the GP had known me and Mum for years and that we worked as a team.
But I did get rumbled by the receptionists when calling up after Mum's formal diagnosis, and then registered with them my LPA. And even after that, there seemed to be some confusion every time I rang, but being polite and only mildly confused by the process, the receptionists helped me through it. It was something not registered their end on their computer system.
Replacement attorney's won't kick in until that process is required. They may be named on the LPA but I'm sure there will be legal ramifications about them taking over before that has kicked-in formally.
My experience of receptionists is they are the gatekeepers, and sometimes that is really frustrating but if you work with them and the GP they will work with you to find the best way forward.
I doubt that any GP surgery will accept calls from a "potential" attorney in waiting. The process and computer systems aren't set-up that way.
That being said, if there is an emergency the GP surgery and receptionists will do whatever to help whoever reports to them about the person concerned. I had experience of this with my Mum, when she had a fall, couldn't get-up, seemed to have been unconscious for a period of time, and as I live hours away, the neighbour who found her and because her Mum was at the same GP surgery, contacted the surgery on behalf of Mum and they didn't refuse to help in that emergency. They recommended 999 and an ambulance etc and kept track of what had happened and also called me as did the ambulance service.
It may come down to what is Sarah asking them to do on behalf of your Dad based on her relationship with them, that you can't do yourself? What is Sarah asking the GP to do for your Dad?
As you have the LPOA, you are expected under those terms to behave according to the legal terms you agreed and accepted. Does the LPOA allow you designated someone else to do stuff for your Dad, if you aren't able to do it but whilst you still are alive and hold LPOA? I would be upset myself if this was even legally possible. The ramifications of those of us who hold LPOA and being able to designate to even those just waiting in the wings is a legal mine field which the law can't support.
Are you just thinking about Health & Welfare? Think if this was Finance and Property? My head is struggling to get around the implications of this so I think you asking a GP practice because you hold LPAO to designate someone not recognised by law to carry out such actions will be a big "No"
If you and Sarah, and family have a relationship with the GP and you say that you aren't able to carry out your duties as LPOA for whatever reason, and you cannot fulfill your duty as LPOA for your parent's care and Sarah needs to step in, then you must discuss with the Practice Manager of the surgery.
Nitram will correct me, there is absolutely no precedence whatsoever that allows anyone with any POA or LPOA to designate to potential attorneys whilst they are still alive.
And the laws around this are drawn-up to protect our loved ones. We may be inconvenienced by them but at the end of the day we agreed as LPAs to sign-up and support our loved ones and we need to recognize those rules and fulfill them.
All the best to you.
A helpful GP said to us ages ago - ask ur mum / dad to write brief letters saying they are happy to discuss all care with yourselves. This must be now on the front page of mums records as I do all the talking - never been queried - 2 GP practices later
They have been taking calls from the three of us for 18 months and they don't have a great relationship with local pharmacies or adult social services, so I think we're just unlucky with that. I'll look at the known carer option too but more likely transfer to another surgery. Its really inconsistent because Sarah and her brother have LPOA for her Mum at a different surgery and I'm the named replacement on there. I speak to them regularly as part of the family team looking after her Mum.
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