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UK legal, insurance, employment, benefits, statutory services Advice offered by HDA Moderators relates to current UK law or guidelines

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Old 29-08-14, 10:28 PM   #1
pat
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Default medical Power of Atterney

Hi All,
Wonder if anyone can help, my hubby who has HD, went to the drs, as he was passing blood (his mum died of cancer at 46) so the dr thought he should go for tests, well today he received a letter from the hosp to phone up and make an appt which I did, I told the hosp he has HD, well what a mistake I made, they have now refused him having tests as he cant consent, so I phoned the Dr who said I need to go to see a solicitor and arrange a POA medical one, this will take a few months, so if he does have cancer, he wont receive any treatment.
If the solicitor thinks he is not in his right mind then he wont get a POA and then no treatment. What a joke.

Any ideas what to do plz
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Old 29-08-14, 11:19 PM   #2
Allan
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Default Re: medical Power of Atterney

Quote:
Originally Posted by pat View Post
I told the hosp he has HD, well what a mistake I made, they have now refused him having tests as he cant consent, so I phoned the Dr who said I need to go to see a solicitor and arrange a POA medical one, this will take a few months
Hi Pat

Is your husband unable to give his consent because he can't "do things for himself" - or understand what is being said and can't respond verbally?

It is often quiet on here at the weekend. You might get a quicker response by contacting the following:

Regional Care Adviser, Alison Heavey
Essex and London Boroughs of Barking & Dagenham, Redbridge and Havering
alison.heavey@hda.org.uk, 01255 823088

or from one of the Essex Branches:

Colchester & District Branch
Michael Lumsden; lumsdenclacton@talktalk.net, 01255 432551

Chelmsford & District Branch
Vicky Delicata; victoriadelicata@hotmail.com, 07903 912316

Southend Branch
David McDonagh; superbug1@hotmail.com, 07954 139064/01702 304698
www.hda-southend.org.uk
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Old 30-08-14, 06:34 AM   #3
Joseharry
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Default Re: medical Power of Atterney

Hi Pat,

My understanding of it is that your husband needs to have "capacity" to make informed decisions.ie the informed decision as to whether to have the blood test or not.
I do not understand how ,if he is not able to consent to a blood test because of lack of capacity he would be able to consent to the drawing of the Power of attorney papers which require informed capacity.
It just does not sound right to me, sounds like someone is passing the buck. I am going to do some research for you, because I feel that somewhere your husbands "best Interests"must apply.
Can you clarify ,is your husband actually refusing a blood test?

It is wise for anybody in HDworld to have both financial and medical Lasting Powers of Attorney in place. It takes an age but you CAN do it yourself.
Believe it or not they sell a pack in WH smiths ,£22. I was amazed! but you can also download the forms from the internet and although they seem very daunting at first are really quite simple, just follow the instructions, read the (masses) of accompanying notes and take your time.
I did ours earlier this year. We have a very simple set up.
I am the Attorney, our children are replacement Attorneys. Total cost was £420 ( or there abouts) for both.
My understanding is that a solicitor will charge about £1000 for EACH.
Hope this helps Pat,

Off to research " informed consent " and patients " best interest" . I sure know how to live it up at the weekend!

Good wishes,

Brenda.
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Old 30-08-14, 06:53 AM   #4
Nell
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Default Re: medical Power of Atterney

Dear Pat,

Sorry to hear about this. Can you email me your contact details and I'll contact you directly, helen.james@hda.org.uk

best wishes to you

Helen
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Old 30-08-14, 07:01 AM   #5
Joseharry
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Default Re: medical Power of Atterney

Hi Helen,

Thanks for rescuing me from all that research!

Can you let us know the guidelines for future reference please.

Thankyou

Brenda
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Old 30-08-14, 07:17 AM   #6
Nell
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Default Re: medical Power of Atterney

Dear Brenda,

This is a complex area.
To start with you can down load a booklet from our website. Go to Healthcare Professionals, then Guides and Fact Sheets then scroll down to Professionals and look for Mental Illness and Mental Capacity in Huntington's.

Brenda, you can also email me you contact details and I can talk to you more about this if that helps,

my best wishes to you

Helen

Last edited by Nell; 31-08-14 at 10:28 PM.
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Old 30-08-14, 10:11 PM   #7
flobert
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Default Re: medical Power of Atterney

Hi Pat,

I think you've had some excellent advice already. I have an LPA for health & welfare in place but even though my wife is sometimes extremely confused and very difficult to get through to I have never had to use this power to get her treatment for anything. The capacity issue really bugs me because people with HD do understand what's going on and really someone over the phone has no right or understanding of the issues to make a decision otherwise. I find with my wife that if you explain something clearly, leave plenty of time for it to sink in (sometimes a day of more) she'll get the issue. She might not comply, but that is different.

You could always phone again for an appointment, speak to someone different and don't tell them your husband has HD. You can tell the doctor when you're both face to face with them at the hospital.

If you cannot get an appointment that anyone "normal" person would be able to obtain then surely there's some kind of clash here between refusal to treat/discrimination against HD suffers on the one hand and capacity which your husband may or may not have (but how can someone tell over the phone) on the other?

good luck - surely the solution is not to have you go through the LPA process for this, that cannot be right!
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Old 04-09-14, 01:35 PM   #8
BB
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Default Re: medical Power of Atterney

where on the internet can you download them???
we dont have a wh smiths. and we have neither in place and we really need to.
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Old 04-09-14, 02:03 PM   #9
Allan
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Default Re: medical Power of Atterney

Quote:
Originally Posted by BB View Post
where on the internet can you download them???
we dont have a wh smiths. and we have neither in place and we really need to.
Hi BB

I ordered the hardcopy version via post and they arrived within a couple of days. I haven't looked at the forms that can be completed online. Just be aware that if you are going to download them - it's a lot of paper:

http://www.gov.uk/power-of-attorney/...er-of-attorney

http://www.justice.gov.uk/forms/opg/...attorney-forms

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Old 04-09-14, 02:16 PM   #10
Cupcake
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Default Re: medical Power of Atterney

Definitely get a LPA Health while you can. We got the financial one 3 years ago, but hubby did not feel he wanted to think about the future, thinking we had years ahead of us after diagnosis. How wrong we were, and his quickly down the line things have deteriorated, I guess you learn by your mistakes, sometimes big foolish mistakes, and where you should acknowledge what is going on and take the bull by the horns.
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