Its been a while since on here, I have now started to give my husband £50 a week to spend which he does lol, all seems a bit better now in that department, a new problem has arisen, today was supposed to have an intrusive medical procedure but doctor wouldn't do it, said he lacked capacity to fully understand but he did understand, they said need power of attorney but that cost £600, anyway what my question is really going to be about is should we go back to having a joint bank account coz I think confiscating his card may be illegal 🙄🤔😲
Hi
@emmi
It's all a question of whether he has mental capacity to deal with and understand money matters, spending, its effects etc.
The mental capacity is a matter for each specific decision.
If he doesn't have capacity then he can't really enter into legally binding contracts to purchase, and having no credit cards saves a lot of hassle. Example: friends, she is carer, and he has dementia, but can still do lots of things as its early days. However, he doesn't always realise what he's doing. On computer he saw some nice shoes he'd like, and so ordered a pair and used his credit card to pay. 10 days later a huge package arrived. Wife found he hadn't ordered a paid of shoes but by clumsy and heavy handed fingers on computer had ordered 111 pairs of shoes and hadn't even noticed the bill was £440 plus delivery!! Better off without a card to get him into trouble.
As to the Dr's decision, I am a little concerned.
If the Dr thought your OH had mental capacity then yes he would need his consent to the operation on the NHS standard patient consent forms. If, on going through these pages, the Dr realised he didn't have capacity then (a) if there is in place a Lasting Power of Attorney Health & Welfare, the Dr would need the consent of the Attorney or (b) if there is no LPoA H&W in place, then for a person without capacity, the medical decision to proceed or not is the Dr's decision as to what is in the patient's best interests medically.
If you want to get a LPoA H & W in place then you can only do so if your husband has the mental capacity to grant this and enter into the forms and you'd need a "certificate provider" to certify OH had capacity. If OH doesn't have capacity then he cannot grant a LPoA and you'd need, if you want to, to apply for a Deputyship Health & Welfare to the Court of Protection, with a Dr's letter of evidence that OH doesn't have capacity. You can do it online without a Solicitor if you want to and can cope with the forms and procedure. If you don't do that, then decision to any medical or dental procedure at any time is the Dr's or dentist's.
Best wishes