Infatuation Rules
Infatuation Rules
Photo: Jean R. Ricardo
It's important to note from the start that, contrary to popular opinion, being next of kin does not legally entitle you to make health or financial decisions on behalf of your relative. In many instances, in order to represent your loved one you will need a Lasting Power of Attorney in place.
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Read More »Lasting Power of Attorney is a legal document enabling a nominated person to make decisions on an individual’s behalf if they lack the mental capacity to do so themselves.
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Read More »When applying for NHS continuing healthcare funding to help cover care costs or care home fees, the NHS is very particular about who acts on behalf of a patient. However, if you hold Power of Attorney then the Integrated Care Boards (ICB) have little reason to deny you the right to act on behalf of your loved one. The Compass Continuing Health care team have encountered many instances where the NHS has refused to engage with a patient’s next of kin and have been obstructive due to the correct Power of Attorney not being in place. It is important to note that there are two types of Lasting Power of Attorney (LPA): Health and Welfare: this gives an Attorney the power to decide on a person’s daily care routine and health needs, for example whether or not they should reside in a care home, and what medical treatment should be provided. It also allows the attorney to apply for the individual’s medical records to be disclosed when required. It can only be used when individuals are unable to make their own decisions. this gives an Attorney the power to decide on a person’s daily care routine and health needs, for example whether or not they should reside in a care home, and what medical treatment should be provided. It also allows the attorney to apply for the individual’s medical records to be disclosed when required. Property and Finance: this means that the Attorney has the authority to act in all financial matters relating to the patient, for example the payment of bills, selling of property and the collection of a pension or benefits. It can be used as soon as it’s registered, with an individual’s permission. this means that the Attorney has the authority to act in all financial matters relating to the patient, for example the payment of bills, selling of property and the collection of a pension or benefits. A Health and Welfare LPA is the most useful when pursuing a claim for NHS continuing healthcare funding, as most NHS-related establishments will attempt to insist on it before liaising with someone on behalf of a patient. They can refuse to disclose medical records relating to an individual if the family are not in receipt of a Health and Welfare LPA. However, at Compass CHC, we maintain that a Property and Finance LPA is also perfectly adequate in this situation, as the matter of pursuing NHS continuing healthcare funding to cover care costs fits within the remit of Property and Finance; a person may have to sell their property and deplete their own finances to pay for care otherwise.
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Read More »The NHS finding fault with the type of LPA unfortunately demonstrates some of the unhelpful delaying practices adopted by the National Health Service when dealing with continuing healthcare funding applications and flies in the face of the idea set out in the National Framework for NHS continuing healthcare that the process should be open, transparent and consistent.
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