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When does Power of welfare start?

garfield3

Registered User
Jun 30, 2018
302
0
hi @garfield3
now the LPAs are registered with the OPG they are ready to be used when necessary

if your dad is able to deal with his financial affairs himself, then you need do nothing right now

if he wants your help with any task, the LPA gives you the authority to help him with his permission, with no need to 'register' it with any financial institutions etc ... eg if he makes a call but doesn't want to speak himself he can tell the person being called that he gives his permission for them to talk to you; if utilities are paid by direct debit, then he can just let them tick over

just be aware that if he is sharing a PIN so you can use a debit/credit card on his behalf, the banks frown on this, it's against T&Cs ... if he's present and all but making the transaction himself you're only supporting him ... some banks do allow an Attorney to take on the account and have the donor still have access to funds, some do not; ask your dad's how they will deal with his accounts in the future so you know beforehand
Thank you, so much for this heads up.
 

Platinum

Registered User
Nov 7, 2017
83
0
South east
I have an EPOA for Finance and LPA for H&W for my OH. Both are registered with the OPG. He is resident on the Nursing Floor of his Care Home. He does not have mental capacity, I am concerned about his health (unwitnessed falls, antipsychotic medication, weight gain, etc) and have asked to see his Care Plans on several occasions without success. I visit under Covid rules every day but find accessing information a struggle. Care Plans are held electronically and it could be the staff are not experienced in sharing the information. I would like them sent to me electronically or a printed hard copy. I’m not sure of my entitlement. Thank you for any advice you may have.
 

nitram

Registered User
Apr 6, 2011
23,706
0
North Manchester
With a registered H&W LPA and a donor who is incapable of making decisions you have equal rights to the donor.
Ask them for a copy of the care plan and see what they say.
 

MartinWL

Registered User
Jun 12, 2020
1,300
0
With a registered H&W LPA and a donor who is incapable of making decisions you have equal rights to the donor.
Ask them for a copy of the care plan and see what they say.
@Platinum has already asked without results. However it might be the case that he has only asked verbally. I would say that a polite but insistent letter to the manager is required. If you want to grumble better, always stop to write a letter.
 

Platinum

Registered User
Nov 7, 2017
83
0
South east
@Platinum has already asked without results. However it might be the case that he has only asked verbally. I would say that a polite but insistent letter to the manager is required. If you want to grumble better, always stop to write a letter.
I have been a little more insistent verbally as we have a review with the psychiatrist shortly and an FNC review is overdue. They say they cannot share information in printed or electronic form due to Data Protection. It is possible to sit in the Nurses’ office and look at them but I’m not keen on doing this. I’m informed that the constant upgrading of the Care Plan means there is only a month to view? I have not seen a Care Plan since Jan 2020 at the last FNC review.
It is clearly not something they want to do and as we are in the “last chance saloon” here I am always concerned about being asked to leave. I suspect our self paying status protects us a bit.
Thanks again for any advice or similar experience.
 

nitram

Registered User
Apr 6, 2011
23,706
0
North Manchester
They say they cannot share information in printed or electronic form due to Data Protection.
Not sure about the truth of that statement.
According to SCIE the plan is the property of your OH which infers that it is your property when acting as H&W LPA.

… care planning is a conversation between the person and the healthcare practitioner about the impact their condition has on their life, and how they can be supported to best meet their health and wellbeing needs in a whole-life way. The care plan is owned by the individual, and shared with others with their consent. It is important that a discussion takes place, there is a record of it, and people know they have a plan.


You could ask for advice about this.

Or the psychiatrist you are seeing soon may be able to advise.
 
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MartinWL

Registered User
Jun 12, 2020
1,300
0
The data protection claim is nonsense. You are the person's attorney. That gives you the right to see all his/her documents.
 

canary

Registered User
Feb 25, 2014
16,172
0
South coast
Is the data protection issue possibly that they are not allowed to send the data to another computer? It may not be that you are not to see it, so much as they are not allowed to send it anywhere, thus protecting the data from hacking/viewing by third parties. I know that this is the stance taken in hospitals.
 

Banjomansmate

Registered User
Jan 13, 2019
3,183
0
Dorset
Is the data protection issue possibly that they are not allowed to send the data to another computer? It may not be that you are not to see it, so much as they are not allowed to send it anywhere, thus protecting the data from hacking/viewing by third parties. I know that this is the stance taken in hospitals.
That shouldn’t stop the Care Home printing out a copy and giving it to the Attorney, surely. They could, as in this case, need to discuss the care plan with other medical practitioners and need a hard copy.
 

canary

Registered User
Feb 25, 2014
16,172
0
South coast
That shouldn’t stop the Care Home printing out a copy and giving it to the Attorney, surely. They could, as in this case, need to discuss the care plan with other medical practitioners and need a hard copy.
The care home has said that the care plan can be viewed on their computer, so it doesnt seem to be that they dont want him seeing it, it just seems to be a problem with the data going anywhere else.
 

nitram

Registered User
Apr 6, 2011
23,706
0
North Manchester
Giving a hard copy to a H&W attorney is not allowing data to go anywhere else whilst they are in control.

GDPR seems to have replaced 'patient confidentiality' .
 

Platinum

Registered User
Nov 7, 2017
83
0
South east
Thank you for all the replies and advice.. I may well have to sit in an office to view but it cuts into visiting time which is Covid restricted. I doubt the system is easily navigated so it may take a while and notes will need to be made. It would just be easier all round to have an encrypted electronic copy with a password. So much for having an LPA for H&W..........
 

MartinWL

Registered User
Jun 12, 2020
1,300
0
Is the data protection issue possibly that they are not allowed to send the data to another computer? It may not be that you are not to see it, so much as they are not allowed to send it anywhere, thus protecting the data from hacking/viewing by third parties. I know that this is the stance taken in hospitals.
I am afraid that theory has no basis in data protection law. There's simply nothing to stop them sharing the care plan with the person's attorney. They are using data protection as an excuse. I would be furious if it was me.