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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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hi my mum is in a nursing home ....has mental capacity ....she

Resolved Question:

hi my mum is in a nursing home ....has mental capacity ....she is moving in with me ......can i just pack up her things and take her out of there ? .....yours diane tyson
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you have power of attorney for your mother please?

Joshua :

May I ask if you consider that you are able to provide adqueate care for your mothers needs at home?

Customer:

she doesnt need power of attorney has full mental capacty .......yes i can ....and she wants to come to me im 52 and capeable

Joshua :

Thanks. You are quite right that she does not need POA. The reason I asked is if you had POA it would allow you to legally support any decisions she makes. However it is as you suggest quite possible to proceed in any event.

Joshua :

Unless your mother is subject to a Care Order requiring her to stay in the home which would be unusual, then she is free to leave. However there are a number of issue you will need to consider:

Joshua :

First of all, a mater of finance. The care home will likely require a minimum period of notice and if this is not given it is likely fees will be charged for this minimum notice period. If the council is funding your mothers care they may refuse to pay for this period if your mother has left leaving your mother liable for the same. If your mother is self funding she can be potentially liable for these fees. Accordingly you may wish to check with the home to confirm any notice period required.

Customer:

i just want to take her out of there on saturday .....they can have their meetings thereafter ....... so can i do it .....mum will say yes she wants to go ......they say she will loose her funding ....she dosent need funding at my house .........they can reinstate up her care package then

Customer:

no care order

Joshua :

Second the home has a duty of care to your mother and accordingly if they are not satisfied as to your mothers care provision at your home they can call the police on the basis that they consider that she may be at risk if she leaves and subsequently make through social services an application for an order that she remains in the home pending an assessment of her care needs being carried out. Accordingly it would normally be sensible to give the care home advance notice of any wish to leave so that there are none of the above difficulties.

Joshua :

I do not suggest that the care home would call the police or even if they did that they would be able to prevent your mother leaving as they would need to show genuine risk of harm to do so but the above could at the least prove distressing for you and your mother and it would be best avoided.

Joshua :

Notwithstanding the above points, if your mother has capacity to make her own decisions, and if you have the time and resources to provide for care for her at home then there is no legal reason she cannot leave to come to live with you.

Joshua :

If she is self funding then there are no financial considerations. If she is being funded by the council you will need to discuss a care funding package with social services ideally before you make the move in order to ensure the appropriate support is put in place.

Customer:

we dont want any thing distressing happening .......she has been saying since day one on the 17th feb she wants to go home .......the social worker said they cant stop her ........they are just stalling the process .......living with me would be better as she would be alone in her bungalow with carers 4 times a day

Customer:

the NHS fund her ....this stays in place until a meeting is held .......she still has a council bungalow to go home to .....its sheltered accommodation

Joshua :

That all sounds generally fine. My view would be that providing you are happy you can demonstrate adequate care provision, if you accept that there could be a delay in putting in place a care package for your mother at home, you consider advising the care home that you propose to collect your mother at the weekend and inform social services similarly and start working with them on a care package.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

every thing is fine thank you ......im going to phone the home and discuss things ..........thank you ......i just didnt want to do any thing illegal x

Joshua :

You are not doing anything illegal. They can only prevent your mother leaving with a court order if they can show she at risk of harm in letting her go with you. From what you say this is not going to be possible for them to argue and therefore it is just a question of making sure everyone is aware of your intentions to make the process smooth for your mother and stress free.

Customer:

she is soooo stressed being there ......and says she wants to curl up and die

Joshua :

I hope everything goes well for you both and that your mother is much happier living with you. Remember to ask for the support you need in looking after her.

Customer:

yes i will do .....i bought her a hospital bed and will have that and other things bought here from her home .....i have a bedroom for her ..... and i work at home caring for children so im here ....my son and his wife who is a home carer live up the road from me and they will help out

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

yes i will do thank you x

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