Can you please refer me to someone with the expertise in this area so I get the best answer possible thank you .
Hi, I need advice as to the law in this area involving the Mental Capacity Act , Mental health act if necessary , if there is a deprivation of liberty, also is it in her best interests ? Dols and issues of Dols, but also the procedural steps taken by her carers, and what case law is involved leading up to Cheshire West. (If you could refer me to someone who can give me a detailed good answer please) So the issue is: Jameela is 70 years old, and suffers with advanced senile dementia. She has some lucid periods, but mostly she lives under the impression that it is 1965. Jameela was a successful model living in London during the 60s, until she married Rashid and had her children samaira and kiran. Jameela remained at home in Manchester with Rashid until December last year, but his own health is failing and he was unable to meet her needs. Rashid asked the Local Authority for assistance, and it was agreed that Jameela would move into a care home. She moved into “The Oaks”, which was in Manchester near her old house. Rashid visited regularly, as did many of her friends. Samaira lives in Portsmouth, and Kiran lives in Liverpool. Samaira visited her mother every weekend. Rashid died in February. In March The Oaks was closed. There were no other residential care places available in Manchester so Jameela was moved to a care home in Newcastle, Wellview. Both Kiran and Samaria now find it difficult to find the time to visit their mother, because of the distance. Most of Jameela’s friends are elderly and cannot manage the trip to Newcastle. Jameela has become increasingly unhappy at Wellview. She has attempted to leave several times, telling staff that she had to get to a modelling assignment in London. Last month Jameela managed to leave the home, make her way to the station and board a train to London. Since this incident the staff of the home have taken control of Jameelas money, holding her purse and credit cards in the manager’s office. If she wants to buy something they get the purse immediately, and accompany her to the shops or help her to buy things online. The doors to the home are locked by an access code, and staff members have been told not to give jameela the code to prevent her from leaving by herself. When kiran came to visit for the first time last weekend she was shocked at how unhappy her mother seemed. Jameela repeatedly asked kiran to take her back to her house in Manchester. An assessment of capacity has been carried out which concluded that Jameela lacks capacity to decide where to live. Advise Jameela and her family on the legality of her living conditions, what procedural steps, if any, need to be taken and critically evaluate the law in this area.