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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7050
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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I have Power of Attorney (Health & Welfare) to act for an 87

Customer Question

I have Power of Attorney (Health & Welfare) to act for an 87 year old lady with dementia who has been my best friend for nearly 30 years and, until recently, has lived independently in her own flat in East London. In my judgement it is unsafe for her to continue living alone and last week I moved her to a highly regarded residential care home close to where I live in Weybridge, Surrey. She is complaining that this is not where she wants to live, and she wants to return to her flat, but she now has NO capacity to retain any information and I strongly believe this would not be in her best interests and could prove dangerous. Am I acting within the requirements of the Mental Capacity Act?
Submitted: 1 year ago.
Category: Family Law
Expert:  michael holly replied 1 year ago.

I would contact the local social services and ask that a social worker conducts a mental capacity assessment to ensure that your judgment is supported. It may be that whilst your friend is becoming forgetful or in the early stages of dementia that she could still be cared for in her own home with the correct support from social services.

Best regards