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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello If I could give some background. An LPA for personal/financial

Customer Question

If I could give some background. An LPA for personal/financial affairs is in place. That person still has capacity, living at home and paying for carers to attend on a daily basis. The Donor has a close family member who lives with them and with the donor's agreement the carers fees are paid for both of them by the Donor.

However, the relative is currently in hospital as a result of a fall and the hospital have said that she needs to go into a Nursing Home as they are concerned about this. They have stated that she cannot be released until such a home is found. The relative is elderley but has capacity and is not subject to the MHA and there is no LPA in place regarding Welfare.

1) Can the hospital keep her or can she go back to her home (albeit the carers that she has have now said the package they had probably is insufficient)
2) If a residential home is found that supports independent living but has 24 hour care up to level 5, would this be sufficient
3) If the relative could move to such a place and the Donor with the LPA came along as well. Would there be any issue in the Donor buying one of these flats with her money and the property being registered in her name alone
4) Could the Donor continue to pay for the fees at the new place for both of them even though they might be higher?
5) If the Donor decided that she did not want to leave the place they were living in and the relative had to go into a nursing home alone. Could the Donor still pay the relatives care fees given the possibility that they would be much higher
6) If the Donor did not want to leave their own home and made those wishes clear but then did so just to be with the relative in a nursing home, when they did not need to and as a result paid the increased fees for the nursing home would that consitute a breach of the codes of practice under the MHA

Thank you
Submitted: 6 years ago.
Category: Family Law
Expert:  Clare replied 6 years ago.
Sorry may I just clarify a matter.
There is a lasting Power of Attorney in Place that has been Registered at the Court Of Protection although the Donor remains fully mentally capable and able to express his/her wishes clearly?
The donor may wish to move and live somewhere else to live with/near a relative who now needs more care than can be given at home
The Attorney wishes to be sure he/she cannot be criticised for making these payments?
Customer: replied 6 years ago.

Yes that is correct the payments that would be made for both of them would significantly increase from the amounts that the Donor is currently paying thereby using up a significant proportion of her income. The Donor would like to remain in her own home but does not wish to be parted from her relative and would reluctantly go into a nursing home solely on this basis



Expert:  Clare replied 6 years ago.
Has she clearly expressed this wish to everyone - not just the Attorney?
Would her doctor agree that she is mentally competent
Customer: replied 6 years ago.

Yes to both questions

Expert:  Clare replied 6 years ago.
Then provided the Attorney gets a Medical Report and a clear Statement from the Donor there is no problem in the arrangements that are proposed.
Yes if the hospital does not believe that it is safe for the relative to return home Social Services can step in to protect them as a vulnerable adult