header-logo header-logo

Her lasting wishes...

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll