Lasting Power of Attorney - what power?

Discussion in 'Finance, Property, Law' started by old_bloke, Mar 8, 2012.

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  1. My old great Uncle is dying of cancer , 92 and still sharp as a pin in his mind but not eating or drinking and has a few big problems, cancer, stomach ulcer ( size of a cd disc) and ( has a pace maker and was on blood thinners - warferin?)

    He has been in and out of hospital since Nov 2011, he gets really sick, dehydrated and is addmitted , becomes a bit of a nob and uses any excuse to get out . i.e. "my son is going to look after me at home.. His son died in 72 !.

    I think the Dr's and Hospital have to accept his statements as fact (even tho I think they know its a false statement) and so they do let him go but with 4 nurses calling every day to give meds and Kemo.

    He has given his sister - my mother his LPA . Does anybody know what the LPA can do?

    reading the UK GOV site it states that...

    "Lasting Power of Attorney is a legal document. It allows you to appoint someone that you trust as an ‘attorney’ to make decisions on your behalf. Attorneys can make decisions for you when you no longer wish to or when you lack the mental capacity to do so."

    does the "Attorneys can make decisions for you when you no longer wish to" mean she, my mother can decide to put him in a care home/ hospice?

    He has said to my sister that he has a living will and does not want to be put on any life giving device but he is suffering but does not seem to know what to do.

    Thanks in advance.
  2. Not sure of the legal position, but you may want to look at Enduring Power of Attorney as well. The law apparently changed on LPA v. EPA not too long back. But don't quote me on that!
  3. Brotherton Lad

    Brotherton Lad LE Reviewer

    It's tricky, old bloke. If your great uncle still wants to make coherent decisions, then he can. Your mother's powers come into effect when he no longer wants to, or is demonstrably incapable of doing so. Inevitably, there will be a grey area between the two states and this will cause great torment and arguments.

    Power of attorney works well at each end of the spectrum, when it's not required (but is there just in case) and when it is definitely required. The awful bit is in the interim, where you now find yourself.

    Seek the advice of the medical staff.
  4. This is sound advice .I had a very similar problem with my mother. Thankfully she eventually decided to go to a hospice, first as a day patient returning home at night and then because she felt comfortable she slept in the hospice and whenever she wanted I took her home to spend time even though she slept for a lot of that time.

    The power of attorney is very important at this stage and needs to be checked to make sure that it is legally waterproof. It may sound a bit clinical (no pun intended) but it is crucial in making sure that all the final details can be dealt with as easily as possible in what is always a difficult scenario.
    I have to say i found the hospice supportive, knowledgeable, professional and extremely supportive.