[quote="mergymraeg100"]In order to commence retrospective claim from 2008 have been advised by the HA in Wales that they need my permission to access mother's medical notes....to give them the permission they need they have stated that I need to be in possession of a POA. Mother taken in to hospital 2008...stroke....compounded by vascular dementia and multiple infarcts...totally incoherent....spoke to her the day before...O.K. Unable therefore to arrange POA from this date onward .....would it not be reasonable therefore for the HA to take this urgent incident into account....? They have accepted I have had the authority to fund mother's care using her money, but it seems when I want to claim her money back from them I need a POA..If I had been aware of this forum, and aware of CHC in 2008 neither mother nor I would be in this position today....I know our case is not an isolated one....[b][u]I have decided to wait until I am able to gain probate...i.e. Grant of Representation[/u][/b]...which the HA will accept as authority to gain access to medical records and to commence the process of a retrospective claim...[b][u]I have not applied for guardianship this year (since learning of chc and this forum) because my mother now has little time left[/u][/b]...so it would seem to me less stressful to wait for probate rather than have the HA batting a loose ball back at me at my every attempt to convince them that they are NOT acting in the best interest of the person lacking capacity...this Act means NOTHING to them...I have always adhered to the principle of this act to the best of my knowledge....I would be very interested to know what much greater minds than mine think of this situation.
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Hi MM
From the above it seems that you have been involved with chc rigmarole since about 2008 so after the national framework of oct 2007, the rules and guide regarding consent are clearly outlined in the gruidances and frameworks issued.
If in wales, i think it was introduced later than oct 2007, but consent is a very high profile issue, it is an area when health officials and pct's and in many cases social workers do not follow their legally required procedures, especially relating to capacity and best interests, to us it still a 'grey' area re our understanding of it but we are learning and determined to 'crack it' and hold all responsible to account.
Re our case, which you asked about, it is as usual, vascular dementia after a stroke, with multiple health problems for our dad who is 71yrs old.
The same old same old, handed to social from hospital, we didn't know differently but since 'finding out' about CHC and assessment protocols we have made it our mission to update ourselves as much as possible from the point of view of the social side and the health side as we feel, in our case, that one is played against the other.
So still within an assessment process backtrack for chc, whilst paying for care home with nursing payment as we were LED down that path and dutifully followed as we thought the professionals were acting in the best interests of dad, now we know differently, so onwards and upwards, the experiences of others here have helped enormously.
Can you advise a bit more on the 'guardianship' issue that you havn't applied for ? this year as outlined above?
We are under the impression that if a person lacks capacity & has been declared as such by the authorities, then it/POA/LPA must be registered with the COP? for both finance and welfare, now that we have this, we would not want to lose it under any circumstances.
We would not now want the Local Authority and/or the PCT/NHS using this excuse to make decisions for our dad without our knowledge and consent, it would only be in their best interests as we now know, not his.
How is your case progressing, within the welsh system?
Bernard
This forum is quite difficult to follow!