Continuing Health Care - Preparing to fight PCT's decision

Bakewell54

I asked for a copy of the PCT's Op Policy and was told they didn't have one as they followed national guidelines.
Records at the bottom of the bed....no longer as they are electronic. £50 needed for copies.
I will NOT become Lasting POA and now the DWP have forced me to accept my relative's pension into my account as they no longer have capacity.
I think POA is a con....am i wrong.
Nurse Assessor....I hope this is your opinion if one day you are on the receiving end. I too have had lies, trickery and threats.

Less than 1 hour after posting here I received a call from the PCT rep, so it is a fair guess they read this. I am glad.... that's probably how they gather what they SHOULD be doing. Doesn't mean we will be treated fairly or in accordance with the law though.

Katykat

Thing is Bakewell, somebody has to take resposibility for your relatives affairs. If there is no family or friends willing to do it, the court will appoint a deputy. This is likely to be a local solicitor and believe me, they will charge for the "priviledge". I dont believe there is a con to taking on POA. However, it is probably too late now. Either, your relative has to appoint you as POA whilst they still have capacity ( & then you register that POA when they become incapacitated), or a friend or relative volunteers to become a Deputy. There are slightly more hoops to jump through as a deputy. I personally would not like a solicitor being appointed to manage my relatives affairs.

Bakewell54

Thank you for that, and I agree. I think I somewhat over-simplified the case.
I have enduring POA and have written authorisation, when my mother had capacity, to act for her.
I have represented her since she needed such assistance and she has an advocate appointed by herself as well.
I am still cautious, with reason.

cohentb

Well done Dollywops. Glad your case was resolved so quickly.

Katykat

Dollywops- I might be rattling a few cages here & you may not want to go there, but I'm certain that your MiL should be funded from the date of the assessment, which was May. It might not sound much, but when you are talking about fees in the region of £500-£600 a week, well, it adds up. I dont think it would do any harm to point his out to the PCT.

dollywops

Katykat wrote: »

Dollywops- I might be rattling a few cages here & you may not want to go there, but I'm certain that your MiL should be funded from the date of the assessment, which was May. It might not sound much, but when you are talking about fees in the region of £500-£600 a week, well, it adds up. I dont think it would do any harm to point his out to the PCT.

I had already thought of this. I asked and was told it was from the date of the panel meeting. I might ask again.

I wish we were only talking about fees in the region of £500-£600. This all came about when my FIL complained about yet another increase in April, putting the fees at over £1,000 per week. The home then suggested he should apply for continuing care. To be honest, we should have done something when the home were pushing for MIL to have a stomach peg and the consultant who came to see her said it would not be in her best interests. At that point, we should have tried again, but we had other things on our mind.

Thank you for your thought.

Katykat

Mark, you've hit the nail on the head. PCT's are more likely to award CHC to either fast track patients who they know are not going to live long, or retrospectivley, where they know that there is an end date, ie the patient has died so the funding stops on the date of death. I am interested in your comments about taking your case to judicial review. I wonder if you could PM me with more details?

alanq

I have just noticed this book published by Which? (formerly the Consumers Association) which may help.

http://www.which.co.uk/publications/books/family-and-lifestyle/care-options-in-retirement/index.jsp

monkeyspanner

mjmayes wrote: »

hello all,

my partner and i fought an appeal and gained CHC for my mother in a residential care home. she has had CHC for a year now but the PCT keep trying to take it away by any underhand trick they can think of. It is possible to get CHC in a care home - you do not have to be in a nursing home, this is a common misconception, although it is rare under the complete sham of a system which is CHC. CHC is not dependent upon care setting nor upon the 'characteristics' of the care giver i.e. they do not have to be a registered nurse. We are now at a review stage and we are battling to keep my mother's care funding in place. We have been intimidated by the PCT via their lawyers and via the CHC Department - it is an ongoing struggle, and one which we will never give up fighting. The level of wilful stupidity, venality and utter incompetence within the CHC department and within the PCT as a whole is quite staggering. It is actually a deeply kafkaesque world. I wish you all luck and courage in your personal battles on behalf of your relatives with this shameful and disingenuous system as it is implemented by the NHS. we are working on a longer term strategy to take to judicial review regarding the utter drivel that is the Decision Support Tool and the shameful way that it is used as a blocking mechanism to avoid funding a legitimate and devestating health condition - dementia.

Mark

You can make a complaint to the SHA about the PCT and they will investigate if the PCT has followed proceedure in CHC assessment and awards.

monkeyspanner

Mark I agree totally with your assessment of the system and wish you luck in taking the matter further.

There is a solicitor that has had some success persuing cases (several 5 and 6 figure cases) and I noticed recently they had won an award for their colaborative pro-bono project with Cardiff University on CHC.
Here is a link:
http://www.hughjames.com/community/pro_bono.aspx

I have no connection with either organisation.