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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my elderly father who has alzheimers had a fall at home on

Customer Question

my elderly father who has alzheimers had a fall at home on saturday, we phoned the doctor to come out and see him on the monday the doctor came out and was unable to asses him as it was to painful to move him, we waited for 6 hours for an ambulance to come out.
when my dad went through the A&E at the hospital it was for hours before someone came out to us then took my mother aside and said that the welfare had been notified as they thought that my dad was being neglected, it was painful to move my dad before the ambulance came to change him so we did our best to put his nappy on but with it not being able to secure it properly his cloths did become wet. they found that my dad has a slight fracture which if we wanted they could operate on or it could also be left as it was not that serious. we have now found out only by going to the hospital that my dad was taken into theatre 3 hours ago without our knowledge or any signature from my mother or sister who have joint guardianship. What i would like to know is can the welfare take my dad away from us before even coming to speak to my mom, and what our rights are. my dad is loved by all and my mom chose to look after him at home.
your advise will be greatly appreciated.
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 :

I am very sorry to hear of your fathers condition.

Joshua :

Could you tell me if anyone has power of attorney for your father please?

Customer:

yes my mother and sister

Joshua :

Thank you. Is this a lasting power of attorney or an enduring power?

Customer:

it is a lasting

Joshua :

Thanks. There are two types of lasting power of attorney: property & affairs and health & welfare. Do you know which they have or both?

Customer:

they have for both

Joshua :

Thanks. Finally in relation to the LPAs do you know if they have been registered with the office of the public guardian?

Customer:

yes that was done last year

Joshua :

Thank you. On that basis your mother and sister have a legal right to make decisions on behalf of your father as if he were making them himself. If the hospital were made aware of the LPAs they should have obtained consent from one or more of the attorneys in order to carry out procedures on your father though if the attorneys were not available or the hospital felt it sufficiently urgent they can take steps on a "best interests" basis under the Mental Capacity Act - i.e. what they believe is in the best interests of your father.

Joshua :

Social Services cannot take your father away against the attorneys wishes subject as follows. The attorneys have a legal right to make decisions in respect of your fathers care which cannot be overruled by the local authority again subject as follows.

Joshua :

If the local authority can demonstrate that in the opinion of your fathers GP and other health care professionals your father is not being cared for adequately at home and cannot be adequately cared for at home they can seek to move your father but they would need to be able to demonstrate that there was a material risk to your father if this is not done urgently. A court order would be required to confirm their decision if it is against the wishes of your fathers attorneys.

Joshua :

The attorneys must for their part make decisions which are in your fathers best interests. This would include the difficult decision if they are being told by his GP that your father simply cannot be cared for at home safely - this can be the case for some patients with severe needs - this advice must be taken on board by the attorneys and the attorneys cannot make decisions which based on the advice of GP would pose a significant risk to your fathers health - this is the reason that in such circumstance s the local authority can obtain a court order to move your father if they can show as above despite attorneys orders to the contrary.

Joshua :

However save for such situations where the council can show that your father is at risk if he is cared for at hom on an ongoing basis based on GPs advice they have no powers to overrule LPA attorneys.

Joshua :

If the attorneys wish to keep your dad at home for as long as possible a close relationship with his GP is beneficial including ensuring that all recommended care is provided for as much as possible within the home and account taken as early as possible regarding any concerns the GP raises.

Joshua :

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

Customer:

Thank you I think that you have covered everything for me.

Joshua :

A pleasure. 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:

Thank you so much for your help.

Joshua and 2 other Law Specialists are ready to help you

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