power of attorney

[hannah40]

my ex husband is in a nursing home permanently disabled,last night my son got a phone call from the surgeon at the hospital to say that his dad is critical and they needed the power of attorney to give permission to operate or not operate.my son is now 26yrs old and we thought that he had the right to give permission being the next of kin but because my husbands finances are dealt with by the county council power of attorney the surgeon said that my son doesn't have the authorisation to make decisions,how does my son get permission to do this we just thought that as he is the next of kin he would have the right to these desisions.

[TheOtherHalf]

So sorry to hear about this hannah. Im surprised that your son needs POA to give permission to operate. We are just going through this legal thread with my MIL. My husband ( her son) thought he too would have rights as an only child but NO, the DWP wont even give you any info about finances until they have a POA from him. Also we cannot do anything about her home which is deteriorating since she went into a home. Your hands are tied all ways and all you want to do is look after their best interests.
Your son (as my husband ) is already going through enough stress having to deal with the situation without extra hassle. I hope someone on here can advise you on this. My best wishes to you all xx

[hannah40]

how do you apply for power of attorney?

[THECORBYLOON]

Hannah this gives basic info about Power of Attorney (POA) http://www.direct.gov...talcapacity/DG_185921

TheOtherHalf, your husband should ask the DWP about what is called "implied consent" As he should be able to give them info such as date of birth National Insurance (NI) Number and any recent contact, they should accept there is implied consent and should discuss the finances. with him.

[bednobs]

in the normal course of things, no one has the right to consent to or decline treatment on another adult's behalf, not even next of kin (which has no basis in law anyway). Practically, docotrs usually ask next of kin what their feelings are but are not bound to follow this, it's just good practice. Usually what happens if the person is unable to consent for themselves is for doctors to make a decision based on the best interests of the patient (which could just as well be NOT giving life saving treatment as giving it)
If the person has a POA in place (there are currently 2 types - property and affairs (money) and personal welfare (health decisions)) then a person with personal welfare POA CAN make a decision as if they were the person themselves. (bearing in mind, they can only chose from the options that would have been available to the person themselves - eg they can't insist on, say, a heart transplant if that option would not have been available anyway)
As far as i know, if the husband is unable to condent or decline treatment himself because he does not have the mental capacity, he would be unable to give POA to your son anyway. The law on POA's was changed a few years ago, so i think iit will depend on whether the county council had the POA in place before then, as i think it just used to give permission for anything (not just money). If it's onlt recent, then the CC may only have the property and affairs one anyway, and not be able to make decisions about health.
This is all a long winded way of saying from the information you have given, it sounds like you son CAN'T get POA

[hannah40]

thank you but can he become legal guardian?