Respect for Mary’s Rights, Will and Preferences
Paul is preventing the Care Home from updating Brian on Mary’s condition and excluding him from being allowed to visit.
Where does respect for Mary’s rights, will and preferences fit within this context?
Thoughts of Other Learners
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mary and brians relationship started when mary still was able to make the choice, mary had also let him move in with her. paul is in control of the poa and is using it against mary. they should be be considering what mary wants.
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Mary's right to see her partner are clearly not being respected. She had developed her relationship with Brian when capable of making that choice in her life, and had him move into her home. I believe that Paul is misusing the PoA that was granted in his favour. It is unfortunate that Susan resigned from the PoA given that she would at least have provided a further point of view, to enable a balanced decision to be made. As an MHO I would be considering further action.
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Paul is not respecting Mary's rights. It also appears as though her preference would be to see Brian/have him be updated, based on their relationship and this again is not being followed.
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It appears Paul is not respecting his mother's rights, will and preferences here. Unless it can be determined that Brian visiting either poses a risk to Mary or that Mary is able to demonstrate that she no longer wants Brian in her life, through supported decision making methods it remains that Paul is demonstrating personal prejudice and is in breach of the UNCPRD through a substituted decision making process
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Brian is not upholding Marys rights or preferences. Paul is making decisions based on his rights, will and preferences
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It appears Paul is not respecting his mother's rights, will and preferences here. Unless it can be determined that Brian visiting either poses a risk to Mary or that Mary is able to demonstrate that she no longer wants Brian in her life, through supported decision making methods it remains that Paul is demonstrating personal prejudice and is in breach of the UNCPRD through a substituted decision making process
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Paul is not upholding Mary's rights will or preference by denying Brian to visit her. Brian has been a familiar and regular individual in her life and she would want to see Brian. Brian has cared for Mary and she would most likely want him to know about her condition. This is Mary's rights for Brian to be part of her live. It would be her preference also.
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Mary son Paul is making all the decisions of her will and preference on what he wants not what Mary wants. Mary was admitted to the care home because it was getting too much for Brian not that she did not want to see him any more. It is Mary's right to continue to see Brian if she wishes to do so.
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Her son is not considering her Will and preference, he is making decision on her behalf based on his will and preference. Not taking into consideration her past wishes.
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Paul is carrying a whole lot of dislike for Brian there, is there a reason for that? Has he witnessed Mary being harmed by Brian? Doesn't seem to be any evidence of that.
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As Mary had a relationship with Brian beforehand, one would assume that her will and preference would be to continue to see him. It might be detrimental to her to not see Brian. Regardless, she has a right to choose who she has a relationship with and the POA should not overshoot to put Paul's preferences over Mary's
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Mary would want Brian to visit given the length of time she lived with him prior to going into a care home
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Can Mary verbally tell the care home that she wishes Paul to visit, if not is she showing any signs of distress or asking about Paul, What would Mary want if is had capacity ?
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Mary went into a care home due to decline, not because she wanted to cut ties with Brian (as far as we are aware) so her preferences and her right is to see Brian. We dont know if she has been asking to see him or what she has expressed/presented/communicated, however the care home should know
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Paul is not respecting Mary's rights, will and preferences by refusing Brian access to visit her.
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Mary's right's and wishes are not being met in this case. The PoA is not being used in Mary's best interests.
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Mary has a right to see who she wants to see and previously preferred and invited Brian into her home as her co-habiting partner, so her care home support measures should give effect to all 3 principles. Mary was comfortable with Brian being her carer and so it seems his exclusion from visiting and receiving updates on her status may be to Mary's detriment. Staff will see signs of distress etc, and have a duty to ask Mary directly her preference (if she is able to express) and act on this.
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Paul has taken the matter into his own hands without any thought of Mary's wishes. Mary chose to live with Brian for years.
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Depending on the current condition Mary is in has preference in wanting to see Brian been ascertained, has she requested to see Brian, she has the right to see him if that is her preference and if she has expressed a desire for him to visit that would indicate what her will is in this regard
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This was not Mary preferences prior so may not be exercising her will to see Brain if this is the case
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Paul is not respecting Mary's wishes/ relationship with Brian unless Mary is showing distress regarding Brian. Need to look more into this for Mary's wellbeing and doesn't deteriorate her behaviour in future.
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Past wishes include that it is Mary's preference to have Brian involved.
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Mary has a right to family life and as her partner Brian is a member of her family. She would prefer him to visit and not being allowed to will cause her distress, she may not be able to express this verbally but her will could be demonstrated by facial expressions and actions.
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Paul is not clearly demonstrating insight into his mothers rights, will and preferences. He had not had a relationship with her for many years and as such lacked insight into this; he is very much forcing his needs to control the situation and exclude her partner Brian as this would be his wish. It would be interesting to know how Mary is managing without seeing Brian and to know any effect this is having on her.
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Mary has been with her partner for years and has seen him as her relevant partner. Has she asked for him? Her preference before was to live with him. Respecting Marys rights I believe would include updating her partner on her well being.
