#55 Lasting Power of Attorney, Deprivation of Liberty Safeguards and the Court of Protection - a family's experience

05.06.23

#55 Lasting Power of Attorney, Deprivation of Liberty Safeguards and the Court of Protection - a family's experience


In this episode it is my pleasure to talk with Anna about her experience at the Court of Protection. I hear how Anna and her family were unprepared for the experience and we explore the tension between deprivation of liberty and appropriate care and supervision of a person. We discuss the need for greater awareness about the interplay between Lasting Power of Attorney and Deprivation of Liberty Safeguards.

This is the first in a series of three podcasts; in the next episode I talk with Anna’s sister Mary about how it felt to experience the Court of Protection and in the third I talk with Victoria Butler Cole KC who explains the terminology and legal framework that underpin deprivation of liberty safeguards.


Key messages from guest

  • In 2013 Anna’s Mum began showing signs of memory loss.  The family supported Anna’s Mum to create Lasting Power of Attorney for Health and Welfare and Property and Finance

  • In 2015 Anna’s Mum was diagnosed with Alzheimers

  • Following the death of Anna’s Dad, a care package was set up plus support from family members.

  • By July 2021 Anna’s Mum was no longer safe in her home, she was admitted to a care home under an urgent DoLS placement.

  • Anna and her family believed that an attorney could make decisions regarding where the donor (the person making a Lasting Power of Attorney i.e. Anna’s Mum) could live, this is stated on the Government website.

  • Anna highlights how little is known or made public about Deprivation of Liberty Safeguards

  • Anna explains the family shock at finding out that her Mum’s case would be going to court; she explains that it is between the local authority and Anna’s Mum as the local authority had issued the Deprivation of Liberty.

  • Anna felt her Mum had no voice in the process and how much support they gained from the Open Justice Court of Protection.

  • Learning about the role of the Court of Protection helped Anna and her family to understand the inquisitorial rather than adversarial nature of the Court of Protection. 

  • Anna became an official party to the case by being a Litigant in Person

  • Anna highlights the benefits of witnessing cases through the Open Justice Court of Protection.

  • The result of the Court hearing was greater collaboration between all parties and brought benefits to Anna’s Mum.The Court focused on maximising the freedom for Anna’s Mum whilst still keeping her safe.


Resources

Bio

“Anna” is a family member and her Mother has Alzheimers. The family found themselves in the centre of a Court of Protection discussion regarding application of a Lasting Power of Attorney (Health and Welfare) and Deprivation of Liberty; we are using a pseudonym to comply with the Transparency Order associated with the case. 

“Anna” is campaigning for greater public awareness about the intersection between Lasting Power of Attorney and Deprivation of Liberty.

 

What one thing will you do?

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Thanks to all my guests for working with me to share their knowledge, experience and stories about Advance Care Planning. I hope you enjoyed listening and have insights to take away; I love hearing your reflections on the series and look forward to reviews on Spotify where you can also subscribe to the series.

Clare

Important Conversations about Important Conversations.