Summary: We will not investigate this complaint about the care provided to Mrs X’s relative in a Care Home. This is because Mrs X does not have the required legal authority to bring a complaint on behalf of her relative.

The complaint

1. Mrs X complains about various aspects of the care provided to her relative, Mrs Y. She believes another relative who holds a welfare power of attorney may be influencing the Care Home to not communicate in full with Mrs X.

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The Ombudsman’s role and powers

2. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by their legally authorised personal representative. (Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Mental Capacity Act 2005 introduced the “Lasting Power of Attorney (LPA),” which replaced the Enduring Power of Attorney (EPA). An LPA is a legal document, which allows people to choose one person (or several) to make decisions about their health and welfare and/or their finances and property, for when they become unable to do so for themselves. The 'attorney' is the person chosen to make a decision, which has to be in the person’s best interests, on their behalf.

There are two types of LPA:

• Property and Finance LPA – this gives the attorney(s) the power to make decisions about the person's financial and property matters, such as selling a house or managing a bank account.

• Health and Welfare LPA – this gives the attorney(s) the power to make decisions about the person's health and personal welfare, such as day-to-day care, medical treatment, or where they should live.

6. The Care Home has responded to Mrs X. It has answered her concerns about Mrs Y’s care generally. It explains that it cannot share Mrs Y’s care details with her as Mrs X does not hold the Welfare Lasting Power of Attorney which would allow her to have the full details about Mrs Y’s care.
7. Legal authority is held by other relatives who have not complained to us. So, we cannot investigate.

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Final decision

8. We cannot investigate Mrs X’s complaint because she does not hold legal authority allowing her to complain on behalf of her relative.

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Investigator's decision on behalf of the Ombudsman