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"Lack of recognition for Enduring Power of Guardianship at hospitals"

About: Bridgetown Hospital

(as a carer),

I am writing this on behalf of a Carer in my Carers WA Support Group. They have their spouse in Bridgetown Hospital, and they are a Patient Awaiting a Care Home Placement. My friend has an Enduring Power of Guardianship (EPG) with All Functions Authorised at Section 4. One of the functions allowed under this Sections is that they can

"seek and receive information on my behalf (in this case their spouse) from any person, body or organisation"

However, it would seem that WACHS does not acknowledge or recognise this authority from a legally binding document. This came about when my friend noticed that their spouse had lost a large amount of weight and when they reported this to the staff, the staff seemingly were unconcerned and did not even notice the loss of weight, as my friend’s spouse hadn't been weighed. It turns out that my friend’s spouse had lost 12kg in 7 weeks. When the staff eventually did weigh them, they advised my friend that they had corresponded with a dietitian to resolve the issue. My friend requested access to the correspondence at which point they were told that they needed to get a Freedom of Information form, which having the EPG in place I believe was in fact untrue. It was then that my friend found out that WACHS do not recognise the EPG. I contacted the authors of the document; in this case the Office of Public Advocate at the Department of Justice in WA where a member of their legal team advised me that this is a common issue that needs resolving. I would like to know if any other patients have come upon this situation where their rights are being ignored by health professionals. Now I am not blaming the Doctors and Nurses as they do a fantastic job, whilst I believe being hampered by WACHS. It should be stated that I have already begun to take steps to raise this issue further. 

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Responses

Response from Jeremy Higgins, Operations Manager - Inland, WACHS South West 11 months ago
Jeremy Higgins
Operations Manager - Inland,
WACHS South West
Submitted on 28/05/2024 at 11:53 AM
Published on Care Opinion Australia at 12:29 PM


picture of Jeremy Higgins

Dear marchbk76,

Thankyou for sharing your feedback and your concern for your friend and their spouse. To enable me to understand this situation further and assist, if your friend can please contact me. My name is Jeremy Higgins, and I am the Operations Manager for the WACHS Southwest Inland Hospitals. My direct contact is M: 0438 062 341.

Sincerely, Jeremy

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Update posted by marchbk76 (a carer)

Unfortunately, the experience upset my friend so much they do not wish to talk to anyone from WACHS. They would like me to field any questions on their behalf. Also, I am trying to gather more data on this (such as how many people are affected). Everything that is in my post is the apparent facts and all emotional aspects were removed.

Response from Jeremy Higgins, Operations Manager - Inland, WACHS South West 11 months ago
Jeremy Higgins
Operations Manager - Inland,
WACHS South West
Submitted on 29/05/2024 at 4:26 PM
Published on Care Opinion Australia on 30/05/2024 at 10:44 AM


picture of Jeremy Higgins

Dear marchbk76,

I am genuinely sorry for any distress your friend is experiencing. If in future, they are ready to discuss their experience I will be grateful to listen.

Effective communication between patients, their family and carers, and staff at our health services is important to us. This includes the active involvement of family and carers planning of care for their loved ones. I would like to assure you that WACHS do recognise the importance of the role of an Enduring Power of Guardianship. However, we may not always get it right and I acknowledge that we have further work to do in communicating our Advance Health Directive and Enduring Power of Guardianship Procedure with our staff. Please be assured of our commitment to address this going forward.

We thank you for bringing this to our attention and would like to commend you on your advocacy for others.

Jeremy Higgins

Operations Manager – South West Inland

M: 0438 062 341

E: jeremy.higgins@health.wa.gov.au or

E: swfeedback@health.wa.gov.au

  • {{helpful}} {{helpful == 1 ? "person thinks" : "people think"}} this response is helpful

Update posted by marchbk76 (a carer)

Thank you for your response Jeremy, I also note that this issue has now been forwarded to the WACHS Regional Coordinator - Consumer Feedback/Patient Safety and Quality.

I have read their response and still believe that this is a systemic issue that requires more investigation. I have advised the Regional Coordinator that I will respond to them by Friday 7th June 2024. However, I will be extending that timeline as I have just contacted the office of the Attorney General for clarification on the FOI overriding the EPG and possible exemptions. They have a 28-day turnaround for enquiries.

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