What can we do as a care provider if a relative with power of attorney is refusing treatment? The resident is quite poorly with suspected sepsis and is not taking any medication or drinking. The family are worried that due to high temperature and blood pressure the resident will be put in a COVID-19 ward and want her to remain in the care home.

Answered by Sheila Scott

Dear L

Thank you for your question. I had a similar query in 2017 and it is a challenging question. My response then which you can read here is the same. The attorney of a Lasting Power of Attorney (LPA) for health and welfare does have the power to consent to, or refuse, any welfare or health intervention – but they must be acting in the person’s best interests and in making best interests decisions, they are bound to have regard to the Mental Capacity Act code of practice just as paid professionals and care staff must. Anyone who thinks the attorney is not acting in the person’s best interests must notify the Office of the Public Guardian, who, after investigation, may apply to the Court of Protection to have the powers removed from that attorney. Where appropriate, the worried person would also raise a safeguarding enquiry. Given that your resident is probably very unwell, I would also speak to social services asap for advice.