header-logo header-logo

20 April 2018 / Caroline Bielanska
Issue: 7789 / Categories: Features , Training & education
printer mail-detail

Her lasting wishes...

nlj_7789_step

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll