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JustAnswerKM, Solicitor
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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My wife is presently in a Care Home. She comes home at

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My wife is presently in a Care Home. She comes home at weekends though. I am getting worried that she might deteriorate in that environment because of lack of stimulation and am considering bringing her back home on a permanent basis. I just need to know of any legal pitfalls to this, e.g. from Social Services.
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Good evening Thank you for your message, I will do my best to help.Regarding your research on the Deprivation of Liberty Safeguards (DoLs), this only applies to those cared for in a hospital or care home. Where an individual is cared for other than a hospital or care home, the Local Authority (social services) will have to apply for a DoLs Order in the Court of Protection. If they have reason to believe someone is deprived of their liberty, they have to provide solid evidence to that effect in order to obtain a Court of Protection Order. The answer to your question in short is, if you are not receiving funding from the Local Authority (LA), you can have your wife move back to your home and you can care for her there as you wish. You must ensure however, that your property is suitable for her needs and that you can care for her full time without interference. If this is not the case, the LA may (depending on their time capacity) apply to the Court of Protection to have her remain in the care home if they have evidence and reason to believe she is best suited there. If you apply for funding, the LA will carry out a care needs assessment and financial assessment. The LA will check that your home is suitable to your wife's needs and whether she is eligible for funding. If costs are economical in the care home, they will recommend she stays in the care home. Please bear in mind many LAs are overwhelmed with applications for financial assistance for care so where a person can be cared for in their home without funding, they will welcome that. I hope that helps.Best of luck,Kind regardsKrystel*Please rate my answer so I can be credited for it
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Expert:  JustAnswerKM replied 1 year ago.
Thank you for your rating

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