Q:

Hi community, am hoping someone can help point me in the right direction. Can a local authority override power of attorney over health and welfare regarding decisions about a SEND adults ongoing care? If they make a decision that the POA does not agree with, what is the appeal procedure? Thank you in advance

Denise Nurse

Denise Nurse
Support SEND Kids
17 Nov 2021
Watched by 3

A: SenseCheck

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  • 18 Nov 2021
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    Complex

    Can't answer yes or no.:

    If the LA are funding the ongoing care, then the LA would need to apply to the Court of Protection (COP) to override the POA. COP would need to decide upon it and a declaration would need to be made.

    Guv Samra

    Guv Samra
    Shoosmiths

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