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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15731
Experience:  30 years as a practising solicitor.
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I hope you can help again. My mother took a turn for worse

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Hello again,I hope you can help again.My mother took a turn for worse yet is comfortable, However the doctors have ask my brother to sign a legal document which states the treatment, however it also states that my mother is incapacitated due to language barrier, however my brother spoke to her on the phone and as much as she could hear doesn’t seem incapacitated and understood my brother very well. We are not sure of this legal document and what it means to sign it. They have also states that the treatment is routine however again we are unsure therefore why we are being asked to sign this. The nurse stated it’s for legal reasons.

What’s the document and has the hospital done anything about communication with your mother?

Customer: replied 8 days ago.
File attached (TT74V3S)
Customer: replied 8 days ago.
File attached (G1TVM1G)
Customer: replied 8 days ago.
File attached (M64Z4SS)
Customer: replied 8 days ago.
Attached documents
Customer: replied 8 days ago.
The communication has not been good. They apologised that they had not been in contact with any updates for my mum.

The form is under the Adults With Incapacity (Scotland) Act 2000. “Language barrier” is not incapacity and they are wrong to put this on the form. In addition if your brother and mother can communicate it would appear she is not incapacitated because of the stroke. They are trying to use the legislation to cover a situation to suit themselves. Your brother should insist on translating for your mother. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 8 days ago.
Hello,Thank you for your response.

Here is the legal definition:

(6)For the purposes of this Act, and unless the context otherwise requires—

  • “adult” means a person who has attained the age of 16 years;

  • “incapable” means incapable of—

    (a)

    acting; or

    (b)

    making decisions; or

    (c)

    communicating decisions; or

    (d)

    understanding decisions; or

    (e)

    retaining the memory of decisions,

    as mentioned in any provision of this Act, by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise); and

  • “incapacity” shall be construed accordingly.

I have bold typed the important bit. The Act states specifically that lack of communication that can be made good by human aid is not incapacity. The hospital has made a grave error here.

Customer: replied 8 days ago.
what are the implication of us signing this document?. Is this allowing the hospital to administered any treatments without power of attorney consent.They have said we can communicate with her via phone, however It is hard that is for her to understand and hear on phone.

The document is inappropriate for the reasons I have just said. They should be dealing with your brother if he is the attorney but he shouldn’t be signing a form which doesn’t apply if you are clear that your mother is not lacking capacity. Your brother should seek a meeting with the consultant.

Customer: replied 8 days ago.
They have said if we don’t sign then there will be no treatment. Our only concern is this incapacity part. They also mentioned that this is routine treatment, we are still confuse therefore why we are required to sign
Customer: replied 8 days ago.
Ok thank you

You’re welcome. Your brother should explain to the consultant that the form is not appropriate and he should show the consultant the legislation I have given you. Inability to understand the language is not incapacity. Don’t forget to leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you so much once again.