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Top Other benefit issues topic #289

Subject: "access to social services records for a deceased person" First topic | Last topic
PeteD
                              

Welfare Department Manager, Stephensons Solicitors, Leigh, Lancs
Member since
23rd Jan 2004

access to social services records for a deceased person
Tue 29-Jun-04 07:52 AM

Have a Coughlan type retrospective case for continuing NHS funding when deceased was placed in "residential" care, under LASSASSA funding. Argument is clearly around wrong placement (should have been nursing care). PCt state that he was appropriately placed and the NHS records I have accessed from them are inconclusive. All the assessments relating to initial placement are held by SS (not PCT/NHS) and LA are refusing access to deceased records/assessments because he can't give consent - being dead). This, despite his daughter (my client) holding Enduring Power of Attorney prior to dad's death, is executrix in probate, next of kin and sole beneficiaary to his estate

I've run similar cases, but the families all had records etc from when the deceased was alive, so this wasn't an issue.

Ideas??

  

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Top Other benefit issues topic #289First topic | Last topic