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Lawry, Solicitor
Category: Law
Satisfied Customers: 44
Experience:  Expert
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I have an enduring POA welfare and financial for my husband.

Customer Question

I have an enduring POA welfare and financial for my husband. He moved into a care home 10/07/2020 and I am not being consulted by the Care Team re his treatment. What rights do I have?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No I don't know what rights I have
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: East Lothian
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husbands health is deteriorating he has lost a lot of weight
Submitted: 9 days ago.
Category: Law
Expert:  Lawry replied 9 days ago.


My name is ***** ***** I will try and help you today.

I am sorry to hear of the difficulties you are experiencing.

I believe the law in this area is the same in Scotland as in England but it may be worthwhile checking this locally.

An LPA for health and welfare gives someone authority to deal with and make decisions about things like:

  • where the patient lives;
  • their day-to-day care, including what they wear and what they eat;
  • their healthcare treatment;
  • what contact, if any, they should have with certain other people

A health and welfare LPA can be made that deals with all aspects of personal welfare, or only certain things.

It's not possible to use a health and welfare LPA until the person who made it has lost their mental capacity.

The LPA must be registered before it can be used.

So as long as the above apply that your husband has now lost capacity, this can be verified by a doctor and that you have registered the LPA you have the rights to determine all these things.

If they refuse to consult with you you should threaten to report them to the local Health Authority or ultimately you can bring a claim in court.

Initially, you can contact the Parliamentary and Health Service Ombudsman on 0345(###) ###-####

I hope this helps.

Customer: replied 9 days ago.
Many thanks
Expert:  Lawry replied 9 days ago.

You are welcome and I hope you are able to resolve the isues.