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Post by dyertribe on Sept 3, 2017 9:42:21 GMT
I was referring to the subject of capacity and consent. Sorry, I missed that. If ok can I send a PM - I need to update my will. Yes please do. BTW I am not tout6ing for business. I point this out as I have been accused of this in the past by members of both this and the other forum. I just get very frustrated when ambiguous info is posted and want everyone to have the correct information. What people decide to do with the info is up to them.
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Post by dyertribe on Sept 3, 2017 9:46:47 GMT
Not exactly, next of kin has no legal standing. In the scenario above if the person is unable to consent the medical staff will take the next of kin's wishes into consideration but if the person is unable to make that decision and there is no LPA in place it is ultimately the medical profession's decision. I deal with these types of scenarios frequently, its ok if medics and family agree but the problems come when they don't. Health and Welfare LPAs dont kick in when tth person has capacity, but in the scenario above they don't have capacity. the 2005 Mental Capacity Act is a minefield it's self. Ok I get the point. Perhaps a better way of making my point is that when a person is incapacitated, the medics will normally look to the next of kin to discuss options and take guidance. If the person has previously nominated a next of kin then fine, if not but they are married, the medics will normally be happy to treat the spouse as NoK. If not married, a sibling or parent of the patient could easily claim to be the NoK and oust the influence of the partner - even if perhaps they have been together for decades. I understand your point and yes you will be seen as NOK once married or in a CP. I was just pointing out that if the proverbial hits the fan in a more complicated manner (persistent vegetative state for example) you will have little or np say without a court order. And on that cheerful note I'm going shopping with 'im Indoors. Thank goodness for our LPAs I might need them!
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Post by canaldweller on Sept 3, 2017 10:27:41 GMT
I.m more than happy to explain the next of kin issues. I don't feel i am best placed to do so an this time of night after consuming alcohol. It is a subject of interest to some and not to others, though relevant to all. I donn't want to waste my time, and yours writing a long post on the subject if it is not of interest to anyone. Does tha t explain my post? No cryptic secret squirrel, no riddles. Oh, my reply was a response to Telemachus' comments on marriage and next of kin, Well, I for one would be interested in what you have to say on the subject. Me and the missus have been together some 15/16 years and love each other very much. We take care of each other and look out for each other. We love being in our home together. We have no intention of getting married. However, the missus has these nagging thoughts about the future. Especially if she were to go first. Also, your thoughts may throw some light on the equality /discrimination conundrum.
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