Nhs Appeals Process

[sinistra]

Is it lawful for a person without mental capacity, and with no family, to be denied access to the NHS appeals process because the person acting on their behalf does not have Power of Attorney?

[woofgang]

is the person who wishes to act for them a relative?

[sinistra]

No, I am a companion, she has no family

[pixie373]

Who decided they didn't have mental capacity? And why wasn't a Power of Attorney appointed at the same time? That's very unusual. They will have to either appeal themselves, or appoint someone as their Power of attorney, but it does take time.

[bednobs]

yes, perfectly legal. If the person does not have mental capacity, how does the NHS know you are acting in their best interests, not just doing it for your own ends? I could just as easily say I was acting for them (and i bet you would hope they'd deny me any sort of access to their medical records etc). if the person does not have mental capacity, then POA cannot be given anyway, and you have to apply thru the court of protection for a deputy to act on their behalf

[woofgang]

yup, what bedknobs said.

[FredPuli43]

Yes, a power should be obtained. Not my field, but surely what used to be called the Court of Protection, anyway a court body, intervenes and acts when such a person has no relatives to act and has not capacity?

[woofgang]

yes Fred, I think its called a guardianship order. the Court can either act directly for the person ie a court official acts as guardian, or a friend or relative or someone like a social worker can be appointed.

[Peter Pedant]

They havent been denied an appeals process - you have

You have been told what the rules are:
you have to follow them
and you can expect the NHS to do so as well.

[sorry to be so .. .. . in your face]