Avoid elderly 'snatch' by state - make a health and welfare LPA

In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter, her former carer. Social workers arrived with police and a battering ram to remove the 86-year-old woman suffering from dementia from her daughter's house. The media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.
It seems social services did not agree with Betty's daughter that it was in Betty's best interests to be cared by her daughter in a specially converted room, in her daughter's home.

Could this happen to you and your family?

There is a way that it can be avoided; by giving a health and welfare lasting power of attorney to a family member, social services are prevented from making care decisions. Without this document, social services can make decisions on behalf of a vulnerable person, if they think they lack mental capacity and believe it is in their best interests. They do not have to follow what the family want and cannot be liable for their decisions.

Louise Tribble a solicitor with Michelmores LLP and Regional Co-ordinator for Solicitors for the Elderly, is encouraging all older people to plan ahead and make a health and welfare lasting power of attorney. "It is an important document and sensible to get advice about the choices you have. What happened to Mrs Figg may never happen to you, but if it does, you and your family will be glad you made the power.

"This is a delicate and sensitive matter. If anyone would like a more detailed discussion regarding the options open to them and their elderly parents, they can give me a call on 01392 688688 or email me at lit@michelmores.com."

Notes:

1. A health and welfare lasting power of attorney is a legal document, which allows a person with mental capacity to appoint others to act on their behalf if they later lose mental capacity and health or welfare decisions need to be made.

2. The health and welfare power can only be used when the person making the power lacks mental capacity to make the decision.

3. The power is set out in legislation and must be registered with the Office of the Public Guardian before it can be used. It takes between 8-9 weeks once the power has been made for registration to be completed.

4. Without a health and welfare lasting power no one has authority to make decisions, but it is possible for health and social care professionals to make decisions if they think the person lacks mental capacity and the decision they want to make is in that person's best interests. They are protected from liability (section 5 Mental Capacity Act 2005).

5. Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable adults, their family and carers.