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https://en.wikipedia.org/wiki/Court_of_Protection https://en.wikipedia.org/wiki/Court_of_Protection This court's jurisdiction seems to set it up in direct conf
by crystalmeph 10y ago
https://en.wikipedia.org/wiki/Court_of_Protection https://en.wikipedia.org/wiki/Court_of_Protection
This court's jurisdiction seems to set it up in direct conflict with family members who have power of attorney to care for ailing relatives, as it appears that the court has the power to decide what is in the ailing person's best interest.
Clearly, you do need a court system to prevent actual abuse of people with diminished capacity, but unless actual harm is being done, why does the court, or any government agency, need to decide what is the "best" care for anybody?
- DanBC 10y agoImagine a mother with a child. She gets dementia and needs to go in a care home. The child can't afford to pay for this, the mother doesn't have much in savings, but does own a house. The child wants to sell the house to pay for the care home. Everybody agrees that this is a good outcome for the mother, and that it probably leaves the child a bit worse off. In this simple case the child will apply to the court to get power of attorney (or similar) so that they have the legal powers to sell someone else's home. > but unless actual harm is being done, why does the court, or any government agency, need to decide what is the "best" care for anybody? In most cases they don't get involved, or their involvement is a straightforward acceptance of the suggested actions.