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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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My mum is 62 and my dad 65. My father has vascular dementia

Resolved Question:

My mum is 62 and my dad 65. My father has vascular dementia which he has suffered from for 15 years. About 6 weeks he had septicaemia, and part of his treatment made him incontinent. Prior to this he lived at home with my mum, but over the past year he has got himself into dangerous conditions (falling and not being able to get up, falling asleep with a cigarrete and setting fire to his sofa).

We now feel he cannot be left alone for 12 hours unsupervised while my mum goes to work.

They both have no major cash assets, but they have a home thats nearly paid for.

We now feel he would be better in an assisted living environment, however the care manager from the social services is trying to get him to return home with an enhanced care package.

What are our options for refusing to take him home, and demanding he is placed in an assisted living facility. Also what assistance can we expect from the council in terms of paying for the facility, and/or the staff.

Many thanks
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.
has the doctor said that there is any Medical need for him to be a home?
have you found a home willing to take him?
Clare
Customer: replied 3 years ago.

Hi Claire,


 


Thanks for responding. We are due to have a meeting with the doctor in charge as well as the person in charge representing social services, so I will ask them then. Could you let me know any other questions you need the answers too, so I can ask them all at once.


 


We have made inquiries for extra care assisted living homes, but they are all full. However there are vacancies in care homes, but we feel this setting will not be appropriate for him, as though he is not capable of looking after himself, he is aware enough to know that. We believe a care home setting would cause a rapid deterioration in his state of mind.


 


Thanks


 


Ben

Expert:  Clare replied 3 years ago.
Hi
I have to ask - could your mother give up work to care for him?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Unfortunately not, there are no pension provisions or savings that would allow her to do that and keep paying the bills and keep the house.


 


Ben

Expert:  Clare replied 3 years ago.
HI
Have you looked at the benefits they would be entitled to?
Clare
Customer: replied 3 years ago.

Hi Claire,


 


Apologies for the delay. Benefits have been looked in to yes, and are being claimed.


 


It is more the situation that my Mum is quite old now, and caring for my father in addition to working a stressful job, she does not think she is up to the task any more.


 


There was a meeting on Friday between myself, my mum, the nursing team, and social services. The upshot is my Dad is being discharged on Thursday. He was given this cognitive test http://www.patient.co.uk/doctor/mini-mental-state-examination-mmse and scored 27 out of 30. The consultant did not believe this was possible, so he retook it and got 29. However I have had a look at some of the questions and there is no way that my dad would have been able to answer them.


 


Based on the result of this test my dad is deemed competent and social services will not intervene.



There is a 'care package' being put into place, which consists of 4 visits per day, and hew will also be issued a 'call for help' device to alert carers if he is in difficulty.


 


My dad is not fit to be home, he falls regularly and cannot get up, is incontinent and has developed diabetes. My mum is no longer able to physically or mentally cope, especially as the deterioration in his health will make her job as carer even more difficult than it is now.


 


Can we get an independent capacity test done? And what would happen if he was deemed incapable to return home? Where would he go, who would pay for it etc etc.


 


Hoping you can help


 


Ben


 


 

Expert:  Clare replied 3 years ago.
Hi
Did the Consultant apply the test or someone else?
Clare
Customer: replied 3 years ago.

Nursing staff initially, then I believe it was the consultant, however I will need to verify this. Is it significant?

Expert:  Clare replied 3 years ago.
Hi
I meant could you mother retire an claim Carers allowance and her pension?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


That would not be possible no

Expert:  Clare replied 3 years ago.
Hi
Unfortunately unless Social Services agree that your father needs full time residential care there is no basis on which they will help with funding residential care
You are going to have to push Social Services - and an independent assessment would certainly be worthwhile.
Your mothers GP may also have a view on your mother's ability to care for your father
When they do accept that he needs residential care they will fund the Care home of their choice - since the property is jointly owned buy your mother then so long as she is living there there is no question of the house being counted as part of his assets (this will change if anything happens to your mother)
You can read more here
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS10_Paying_for_permanent_residential_care_fcs.pdf?dtrk=true
I hope that this is of assistance - please ask if you need further details
Clare
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