Complaints
You absolutely DO NOT require POA to complain on your mothers behalf.
You are legally entitled to do so as next of kin.
In Wales you need to read WAG guidance:
http://www.wales.nhs.uk/sites3/docopen.cfm?orgid=932&id=170588&09AB84FD-1143-E756-5C94104BC830AA7E
There will be similar for England.
4.32 Staff dealing with concerns must be aware of the potential for any safeguarding issues to apply, in particular in relation to a child or a vulnerable adult. Safeguarding means enabling people to live their lives free from harm, abuse and neglect, and to have their health, wellbeing and human rights protected.
4.33 It is the responsibility of Welsh NHS bodies which secure or provide care to children and vulnerable adults, to provide a safe environment that promotes their health and well-being and aids their recovery from illness or injury.
4.34 Training on safeguarding is crucial to developing a culture and practice that recognises the vulnerability of particular patient groups, as in some cases it may be clear that the concern has an element of safeguarding, but in others this may not be immediately apparent. The questions that should be asked are:
• Could this be a safeguarding issue?
• Does the concern involve a child or a vulnerable adult or both?
• Is a referral to another agency necessary?
• Do your systems for recording data reflect safeguarding issues?
4.35 If there is doubt as to whether a concern is a safeguarding issue, do not leave it to chance, you should be linking to the organisational lead for Child Protection and Protection of Vulnerable Adults (POVA) for further advice and support. This will be outlined in your local policies and procedures which must be adhered to at all times.
4.36 The Wales Interim Policy and Procedures for the Protection of Vulnerable Adults from Abuse dated November 2010 defines a vulnerable adult as “a person over the age of 18 years of age who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of himself/herself, or unable to protect himself/herself from significant harm or serious exploitation”. The Policy states that if there is a possibility of abuse, criminal or non-criminal, the adult protection procedures must take precedence.
4.37 The purpose of an adult protection investigation includes gathering, securing and preserving information and evidence, establishing facts and reaching a conclusion about whether or not abuse occurred. If abuse is suspected, the vulnerable adult and any other witnesses will be questioned as part of the investigation. It may be concluded at the Strategy Meeting that an adult protection investigation is not required in which case a putting things right investigation may be commenced, if appropriate.
Local CHC will support you through complaint process.