Different Types of POA

WGG1848

My mother-in-law is in a care home and nearing the end of her life following a series of strokes. She is unable to communicate and is not eating or drinking.
We have had discussions with her doctor and the care home and it was suggested that a plan of action for her immediate future be drawn up to meet her needs.
The form presented to us was in the form of 'what would you like to happen if' sort of questions.
This makes complete sense to us, and practically for all those concerned with her immediate welfare.
Because my MIL cannot communicate it is left to us to indicate what we think her wishes would be.
My wife, her daughter, and I have a Registered, Enduring Power of Attorney for her.
However I understand that there are different POA's. including Lasting POA and even Personal Lasting POA.
My question is are we legally allowed to fill in this care plan on her behalf?
We only want the best for her at this time, but some times the law can take a different view.

Savvy_Sue

Here is information on the 'new' lasting PofA.

However, I'm not sure this is going to be necessary / appropriate at this stage.

Someone's got to make decisions about your MIL's care, or help the medical staff reach those decisions, and IMO it would be better if the people who know and love her did so. It's highly unlikely to become a legal issue.

dzug1

The Enduring Power of Attorney doesn't apply in this situation

The medical staff will actually make the decision

They will take into account your wishes (the form) and those expressed by your MiL in the past, if any

Unless you violently disagree with their conclusions and decide to challenge the law won't come into it.

Errata

It sounds like you're being asked to contribute collaboratively with the care home and the GP to make an end of life care plan. This is quite common and follows on from regular care plan reviews which are updated to match changing circumstances. The care home resident and their relatives are encouraged to make their contribution at the review.
The form you're being asked to fill in is your opportunity to contribute and put on record what you believe should be done; you're not making decisions for your MIL in the same way you would be as Attorney.
Please don't be overly concerned by the term 'end of life care plan'. I contributed to three over 18 months for my stepdad before he eventually died.
HTH

Savvy_Sue

Errata and dzug have got it ...

dzug1 wrote: »

Unless you violently disagree with their conclusions and decide to challenge the law won't come into it.

but please don't think you can't disagree with them at all without 'the law' getting involved - we did have a 'discussion' with a junior doctor who wanted to do something to Dad, and we were able to ask exactly how Dad was going to benefit from this action. He had to consult someone more senior, but Dad was left in peace.

Our view was that Dad was dying (and had been for some time), and no medical intervention was going to change that, so the priority was keeping him comfortable.

Of course it always helps if you've got some idea of what the person would want. We know, for example, that Mum is in the DNR camp ... And this is where the Health and Welfare Lasting PofA comes in useful, if you get one done in time.

WGG1848

Thanks for your kind interest and advice.
Its not an easy form to complete in the circumstances, but we feel that as a family we have indicated what she would have wanted.

Savvy_Sue

Will be thinking of you. Even when it's expected, it's not an easy time to go through, and sometimes people just 'hang on', and sometimes they go when you're least expecting it. Either way's not easy, but remember that people continue to hear you even when they give no indication of doing so, so you may find it helpful to say things you wish you'd said before, or more, or whatever.

WGG1848

Sue, thank you so very much for your kind advice.
We cannot believe what a roller coaster ride she is on, within the past week she has really improved a lot.
Smiling and clearly recognising us, we will continue to talk and talk and talk......

alanq

BBC Radio 4's Money Box Live
Wednesday 12th June 15:00 will be taking questions re POA.

http://www.bbc.co.uk/programmes/b02qd1vm