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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5250
Experience:  Director and Principal Solicitor. UK
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Its complicated. my mum suffers from dementia and has been

Customer Question

Hi Pearl.. Its complicated. my mum suffers from dementia and has been living in the dementia ward of a hospital for the past 4 years. She has never been well enough to be placed in a nursing home. My mums social worker tried to arrange placements for her in the past but they havent worked out and my mums health suffered as a result. Each time it took her about 2 months to get back to the state she was in prior to leaving the hospital. can I insist that my mum can stay in the hospital for the rest of her life? Can I apply through the courts to make this happen? any advice greatly appreciated. thank you Sheena mccloskey
JA: What steps have been taken? Have any papers been filed in family court?
Customer: no Pearl none at all. I was just wondering how I might go about it.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: She lives in county L'Derry / Derry. Myself and my sister are joint controllers of my mums affairs and are under the Office of Care and Protection in Belfast
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My mums dementia was particularly hard to control. She spent two years in a demented state a while took 2 of the hospitals psychiatrists working together for 2 years to get mammy any sort of relief and of feeling in any way better. They said they had never come across like my mum before. She is very happy in the Hospital as she knows all the staff.
Submitted: 18 days ago.
Category: Law
Expert:  Virtual-mod replied 18 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Nicola-mod replied 15 days ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  SolicitorRM replied 15 days ago.

Good afternoon, thank you for contacting just answer I am one of the lawyers with just answer and happy to guide you on your question. I note that after 2 years mum is happy in the hospital where she has been placed. Unless you are saying in the 2 years that she struggled and had not been placed the staff involved with the her assesment were negligent and not simply dealing with a complex matter, I cannot see that you can have a claim for damages against those caring for her during the 2 year period. It can take time sometimes regrettably with the condition to pinpoint the difficulties and to prescribe a workable plan, however if you suspect that she would have been placed a lot earlier had the staff been more robust then it is worth speaking to a firm which deals with clinical negligence to see if they believe there is merit in a legal claim. Any clarification please do not hesitate to send your follow up question. Always glad to assist further. All the best.