Lasting Power of Attorney prevent cases of snatch by state
19I08I09
Lasting Power of Attorney prevent cases
of ‘snatch’ by state
In April 2009,
great-grandmother Betty Figg was snatched from her home 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 where she had been living.
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. 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.
Incidents like this can
be prevented by creating a health and welfare lasting power of
attorney (LPA) and giving it to a family member. Social services
are then prevented from making care decisions.
Without an LPA social
services can make decisions on behalf 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.
Eleanor
Dix, associate at Hugh James, 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.’