Lasting power of attorney, visiting denied!

watchcote_2

My Mum was diagnosed with early dementia in June 2012 and in July 2012 unbeknown to myself and my sister, our other sister obtained an LPA which was registered in Sept 2012. After visiting our Mum in December, the Nursing Home told us that the sister with the POA had instructed them not to allow us private visits with our Mum especially in her room. Can she legally do this as POA holder?

barak

I don't know the answer but I would have thought it unlikely unless it could be shown that your visits would be detrimental to your mother's health and well-being.

You probably need legal advice of some sort. Citizens Advice Bureau might be the place to start.

surreysaver

Yep, LPA is exactly that - it gives someone the power to consent or refuse consent as if it was the patient themselves consenting or refusing. Well, medical LPA is. Financial LPA is obviously for financial decisions, so this may have been better off posted in the family board or something, rather than the bank account one!

However, the law does state that the person with LPA must be acting in the best interests of the patient. But that would be up to The Court of Protection to decide, if you believe that your sister is not acting in your mother's best interest. Unfortunately, your interests do not come into it - it is your mother's interests that would be taken into account. Has your sister not given anyone a clue as to why you are being refused access?

dr_adidas01

If its a Medical Power of Attorney then yes your sister can stop you from visiting your mother, privately and publicly.

If its a financial one then no she cannot stop you from visiting and speaking to your mother.

You need to find out which one your sister has and then take it from there. I would seek legal advice if you believe your sister is not acting in the best interests of your mother.