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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Mother has dementia (not sure if brain scan done), my 2 sisters

Resolved Question:

Mother has dementia (not sure if brain scan done), my 2 sisters requested respite for 2 weeks in care home, the social worker said they would draw up a care plan. No care plan - one sister (the deputy) has said for her to stay in care home, - Social worker said that she not got capacity to make decision, too many risks- but she wants to come home. I also complained about the use of Trazadone and it's effects on mother. I been ignored and they going to up the dose. Is there anything that can be done?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who will care for your mother of she returns home?
Clare
Customer: replied 3 years ago.

carers and family- social worker said a care package was going to be put in place.

Expert:  Clare replied 3 years ago.
Hi
How did your sister come to be the Deputy?
Clare
Customer: replied 3 years ago.

Applied to court of protection on lack capacity to deal with finances

Expert:  Clare replied 3 years ago.
Hi
Did the family agree to this?
Clare
Customer: replied 3 years ago.

i wasn't asked.

Expert:  Clare replied 3 years ago.
Hi
When was she appointed?
Were you not given notice of the application
Clare
Customer: replied 3 years ago.

I think it was in July and yes I think I received a solicitors letter.

Expert:  Clare replied 3 years ago.
Hi
Have you discussed matters with your sister
Clare
Customer: replied 3 years ago.

no

Expert:  Clare replied 3 years ago.
Hi
Is she a Deputy for Finances only - or also for Welfare matter?
Clare
Customer: replied 3 years ago.

Finances only

Expert:  Clare replied 3 years ago.
Hi
In that case your sister has no more right to make this decision than you do.
However Social Services should be consulting with all family members to reach an agreement on the way forward.
If you cannot agree then an Independent Advocate may have to be appointed - details here
https://www.justice.gov.uk/downloads/protecting-the-vulnerable/mca/making-decisions-opg606-1207.pdf
However realistically if your other siblings are in agreement Social Services are entitled to follow their decision - your only way of challenging this is to apply to be appointed as her Deputy for Welfare purposes.
Please ask if you need further details
Clare
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