Age Concern Whanganui manager Michelle Malcolm says a legal process can lead to a four or five-week wait for older patients in hospital. Photo / Bevan Conley
Age Concern Whanganui manager Michelle Malcolm says a legal process can lead to a four or five-week wait for older patients in hospital. Photo / Bevan Conley
Older people have had to wait up to five weeks in hospital beds due to not having the legal representation to be discharged.
Age Concern Whanganui manager Michelle Malcolm said not having an enduring power of attorney (EPA) in place can prevent older people from being able to easily move into a residential care home from the hospital.
A personal care and welfare EPA allows a person to make choices for someone when they are deemed to lack the capacity to make rational decisions.
This can occur for aseveral reasons, such as an Alzheimer’s or dementia diagnosis.
A property EPA extends the decision-making right to the person’s financial assets.
If a family member suddenly loses capacity, an application for a welfare guardian has to be put through the Family Court, and this legal process can be “time-consuming”.
“We know people that have been in there for four or five weeks waiting for that to happen.
“It could be longer depending on how soon a welfare guardian can be put in place.”
It could mean patients in hospital have to continue paying rent or electricity bills, due to no one having the power to end living arrangement agreements for them.
Older patients without an enduring power of attorney set up have faced extended stays in hospital. Photo / Bevan Conley
“The longer someone is in hospital it could have quite an impact on their physical health, as they’re not getting up and about, and there’s not the same visitors or social interaction.”
There were occasions when a lack of an EPA, or welfare guardian, could result in longer discharge times for people unable to make decisions for themselves for a variety of reasons, Te Whatu Ora Whanganui Hospital acting group director of operations Kath Fraser-Chapple said.
“This can be an added strain for the person concerned and their whānau at an already stressful time.”
Often people did not think about establishing an EPA or welfare guardian until later in life, but planning ahead could prevent such difficulties.
Malcolm said cost was sometimes a barrier for setting up an EPA.
The cost of an online EPA for personal care and welfare with Public Trust is $219, and for an in-person consultation it is $358.
Whanganui Welfare Guardian Trust is a team of community volunteers who will act as welfare guardians in cases where family members or friends are unable to take on the role.
Trust co-ordinator Marion Sanson said Whanganui Hospital often enabled the relocation of patients once an application had been put through to the Family Court.
But it could take time to gather up consents from relatives and make arrangements for properties, Sanson said.
“For various reasons it might not happen as quickly as we’d like, and from the point of view of the wellbeing of the patient it might not happen as quickly as would be ideal.”
Public Trust CEO Glenys Talivai said the process to have a welfare guardian appointed by the court was time-consuming because there was a legal process to follow.
This included a range of considerations for the court, such as determining whether the person’s appointment was in the “best interests of the person”, as well as medical evidence regarding the person’s mental capacity.
Eva de Jong is a reporter for the Whanganui Chronicle covering health stories and general news. She began as a reporter in 2023.
