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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, 07:55 PM   #7
banda
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Default Re: medical Power of Atterney

I have met the official line..not wanting to deal with me but will only speak to hubby. Usually he gives them permission to speak with me and then it's OK. This has worked with the NHS, DVLA, the Drs and the OPG.

Have also completed POA for both property and health....the forms are straightforward once you have read the guidance. Easy to download from gov.uk. You end up writing the same names and addresses ad infinitum. We only paid £110 for both as hubbys income is less than 12K. We did pay £75 to have them checked and certificated by a will writer as if the forms have to be returned you have to pay again. However as you say there is a wait for their completion......
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Old 30-08-14, 10:11 PM   #8
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 30-08-14, 11:13 PM   #9
Cupcake
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Default Re: medical Power of Atterney

Hi Pat

Hope you are ok, not seen you on board for a while. I don't really understand why everything is so complicated for you? It seems quite simple to me for you to take your hubby,get the test done and find out the results, surely if the doctor is recommending it, he should know if he has capacity or. It the fact he has HD should not come into it.

Like the others I would say make sure you have POA on finNces and health, three years ago we did finances it cost us £110, I got the pack for Gov.UK and it was ok to fill in with the guidance. At that time hubby being ill, and having to think about what he wanted in the future seemed along way off big big mistake, especially now as he is sectioned. As in all of the cases there are good and bad with all of it.

Take care love to you xxxxxxxx
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Old 31-08-14, 07:10 AM   #10
Joseharry
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Default Re: medical Power of Atterney

Hi All,
I did have a look at the rules and regs.
My basic understanding is that the person carrying out the test has to do a 2 part assessment,
1) does the patient have capacity to decide?
If so do as the patient wishes.
If not go to part
2) is the procedure in the patients best interest?
If so proceed.
If not do not proceed.

This appears to be an issue that crops up on a regular basis ( not just HD)and lots of examples are for dental work. If there is capacity its the patients decision, if no capacity its the dentists decision ensuring that what he does is in" the best interest of the patient"

Why they are making it so complicated I cannot imagine.
Although the above sounds complicated, its not, the most required should be for the GP to fax the hospital path lab and tell them the test is in " best interests " of the patient. Job done( in theory!)

(Pat, I read through some of your earlier posts and see you already have financial LPA ,so sorry for stating the obvious.)

I got my figures wrong re LPA it was £220 for both ( I think)
There also seems to be an urban myth about you losing your money if you make a mistake.
We made a mistake( did mot state clearly how one of the witnesses knew Roger) and they just sent it back and asked us to amend and return, no lost fees, no extra charges.
Be brave people, get those LPAs sorted while you can.

Happy Sunday All,

Brenda
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