What happens when Lasting Power of Attorney goes wrong?

“There had been a major family falling out between the LPA and her siblings. They saw her as “controlling”, “aggressive” and “paranoid” and said she had imposed unnecessary restrictions on their right to see their mother.” The judge said, ““I appreciate there’s a family dynamic, and it’s tragic to see it play out”. 

Challenge to Lasting Powers of Attorney

By Claire Martin, 23rd September 2021 I observed a remote hearing (COP 13339015) at Lincoln Family Court on 6th September 2021. District Judge McIlwaine was presiding.  The case concerned a challenge to Lasting Powers of Attorney from the Office of the Public Guardian and was preparatory to a final 3-day hearing starting on 27th September 2021.  The applicant is P’s daughter,Continue reading “Challenge to Lasting Powers of Attorney”

An invisible attention bias: A response to ‘The elephant in the courtroom’

I wonder what checks and balances we can put in place to ensure that the case managers, care home managers, District Nurses, GPs, ward managers, or consultants nominally ‘in charge’ of a patient’s care do carry out reviews of these decisions using a best interests approach if P lacks capacity.  

Lasting Power of Attorney: Across Borders

My interest in LPAs, and the reason I became a Lasting Power of Attorney Consultant,  stems from a long career as a nurse in palliative and end of life care, where I witnessed the impact of not having these important documents in place. I feel incredibly passionate about people’s voices; their choices and their values being heard – and LPAs are an important way of enabling this. I advocate for proactive Advance Care Planning and LPAs are one important element of planning ahead. 

Keeping Mum in her own home: Deprivation of Liberty and Powers of Attorney for health and welfare

By Celia Kitzinger, 28th June 2021 Update: I’m informed that the next hearing for this case (previously listed for 2nd July 2021) has now been vacated, and is re-listed for 4th August 2021 at 3pm. We will post information about how to observe on our home page in due course. Most of the hearings weContinue reading “Keeping Mum in her own home: Deprivation of Liberty and Powers of Attorney for health and welfare”

A mother abroad and a family dispute – Part 1

By Kristy Regan, 11th January 2021 At the third attempt, after a couple of false starts (a case made private at the last minute and an email request not replied to), I gained access to my first Court of Protection hearing: COP 13677853. This was a case at the Royal Courts of Justice before MrContinue reading “A mother abroad and a family dispute – Part 1”

Waiving anonymity to promote care home visiting rights

The intention of the transparency order is to protect the person’s privacy and this is what many people who become “P”s in the Court of Protection want (or would have wanted). For others, though, their Article 8 right to privacy may be outweighed by the competing interest of their Article 10 to right to freedom of speech and open scrutiny of the circumstances in which they have been placed.

Refusing kidney dialysis – a daughter’s reflections

“When I asked for access to observe a hearing in the Court of Protection, I had no idea how close to home the key issue would turn out to be. …. The person at the centre of the case, AI, has end stage kidney disease. .. he’ll probably refuse to come back in for dialysis. This could mean that he dies…. My father died just over a year ago (in his mid 70s) because he, too, refused dialysis.”

Should life-sustaining treatment be continued?

“Nine public observers attended (via MS Teams) an all-day hearing in the Court of Protection before Mr Justice Poole (COP 1353507, 30 October 2020) concerning whether or not life-sustaining treatment should be continued…”

Influencing ‘best interests’ decisions: An eloquent incapacitious P

“Many of us may be deemed by the courts to lack capacity to make key decisions about our own lives at a point where we believe ourselves entitled to make decisions for ourselves – indeed the very loss of insight that can come with brain injury may render us completely unable to recognise our own limitations. Like Mr G, we may fight (and lose) an argument that we are capacitous.”