Caroline Bielanska provides a case study demonstrating how lasting powers of attorney apply where an elderly relative loses capacity
Harry Harlow visits his mother, Jean, an inpatient at St Mildred’s Hospital. He is so concerned about his mother’s situation that he drives to her solicitor’s practice, Thomas and Tomson, for help. Back in 2008, Mrs Tomson drafted Jean’s health and welfare lasting power of attorney (LPA), in which Harry was appointed as her sole attorney.
Harry tells Mrs Tomson that Jean has been living in a care home, but has become dehydrated. For the past two weeks, she has been in hospital. She is aged 90 and has been diagnosed with dementia, following a number of strokes; type 2 diabetes; and hypertension. Since admission to hospital, she has been refusing to eat and drink. The hospital had been giving Jean intravenous fluid therapy, but her doctor has ceased this treatment, as she is capable of taking fluids orally. He also refused to insert a feeding tube. The hospital intends to discharge Jean, as there is no more that they can do for her. Harry is
