How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Can a person be held against their will in a care home? The

Resolved Question:

Can a person be held against their will in a care home? The person is 76yrs old has short term memory loss and has been pestered by a scam person calling and extracting money from her, CPS will not take the case on. Social workers have now confined her in a care home for the past 2 weeks and she continualy demands to be allowed home. She was quite active in going out nearly every day of the week including walking to church aprox a mile and a half from her home, she has never ever got lost and although having suffered a broken leg some seven years ago has continued all her daily activities. She has two distant cousins who have power of attorney for her finances (she is quite a wealthy woman) but they have not taken power of attorney for her welfare and have been pressing social services to get her into a care home against her will. Please advise? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
What makes you think that your friend can care for herself at home?
Clare
Customer: replied 2 years ago.

She has been a widow for aprox 5yrs and has managed very well although her short term memory is bad her habitual way of life going out nearly everyday and shopping she caters well. The main problem in the last year has been this young man that calls demanding money for odd jobs that have not been requested or undertaken and he totaly relies upon our friends very generous nature. Her cousins are quite rightly very concerned that this scam caller may cause her some bodily harm, the police are fully informed and wanted to procicute this young man but the CPS turned it down because they said our friend gives the money voluntarily and not by force. trust this is useful to you. Len

Expert:  Clare replied 2 years ago.
Hi
So if she returns home she will again be prey to this form of exploitation?
In addition what steps need to be taken to ensure that her memory problems will not place her in danger in the home?
Clare
Customer: replied 2 years ago.
My question is...Can she be held against her will? A yes or no answer please.
The argument about her safety at home can be easily remedied by having a person live with her.
So far it seems I've wasted my money and so disappointed that is why I have cancelled my subscription.
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you are disappointed - the questions are asked to try and ensure that a meaningful answer can be given.
As with many things it is not actually a straight yes or no answer as much depends on circumstances
If Social Services believe that your friend is a Vulnerable Adult who is not capable of caring for herself properly then yes they can insist that she remains in a Care home despite her expressed wishes.
HOWEVER if proper arrangements for her care at home can be made that will NOT leave her vulnerable then their right to do so will no longer exist and she can return home
Please ask if you woudl like further details
Clare
Clare and 2 other Law Specialists are ready to help you