Instructions:

You are the main nurse and case manager for Franklin who resides in the retirement home where you work. Franklin has some memory problems, but you have no concerns about his capacity. He originally resided in the independent living side of your workplace, but he moved to your side, which provides care services more recently. Franklin has some health problems resulting from a fall and he now requires some physical assistance with medication and bathing from your staff nurses and support workers.

You receive a letter from your client's out-of-town son Gordon identifying himself as the attorney for personal care. The letter enclosed a recent power of attorney for personal care appointing Gordon in all aspects and a one-line letter from your client's family doctor saying that your client is "incapable".

Gordon says that he is taking responsibility for personal care decisions and has some concerns. He says that Franklin should only be allowed one-glass of wine per day with dinner and that you are not to let his sister Hanna spend time with Franklin unless you or another staff member are present because she is poisoning Franklin's mind against Gordon.

Questions:

• (2%) Who has what authority to determine capacity in this scenario?
• (2%) What aspects of capacity are relevant to this scenario?
• (2%) What is the impact of the doctor's note and what should you do with the information in?
• (1%) What are Franklin's rights here generally?
• (1%) How would you respond to the son?
• The remaining grades (2%) are for submitting an answer with no legal errors