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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My husband has been committed to a care home with

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My husband has been committed to a care home with Alzheimer’s and although his memory is bad he keeps telling me how unhappy he is. What rights do I have regarding his future.
JA: Where is your husband? It matters because laws vary by location.
Customer: he is based near Colchester Essex.
JA: What steps has your husband taken so far?
Customer: what do you mean.he is unaware of where he is and why.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m not sure what else you need to know
Customer: replied 13 days ago.
Is anyone there
Customer: replied 13 days ago.
Why is no one responding
Hello,

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!

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm you hold a lasting power of attorney for your husband for health and welfare please?
  2. does your husband have a social worker assigned to him?
Customer: replied 13 days ago.
I have applied for power of attorney for his financial matters but have not yet received anything back from gov.uk. He has a social worker who advised that due to my husbands Alzheimer’s he is in no position to sign legal documents therefore my application would not be valid. I was going to do the same for his care but not sure this would be valid either. His social worker states we need to give him more time and proposes to visit him again in 6 weeks which I think is too long a wait. His children suggested this home but it is an 85 mile round trip for me so I do not get to visit frequently and due to COVID restrictions he doesn’t get that many visits and they only last half an hour.

thank you. The decisions in this respect amount to decisions in respect of your husbands health and welfare and from what you say, do not presently hold a power of attorney for health and welfare; in addition, as you say, if you are of the view that your husband does not have capacity at this stage, he would not legally be able to grant a power of attorney for health and welfare.

You can apply for Deputyship for finance which is similar to power of attorney but it is granted by the court of protection rather than your husband and is a more involved and costly affair. You can also in principle apply for deputyship for health and welfare but they are comparatively rarely granted as the court prefers to make specific orders rather than grant wide discretion to a deputy for such matters. It is also possible to apply to the court for a specific decision in respect of your husband's care arrangements if this cannot be agreed.

One does not have to go to court over such matters. The mental capacity act allows for decisions to be made on what is known as a best interests basis by appropriate parties, in this case, there would presumably be social services who have legal responsibility for your husband's care needs. In the absence of a power of attorney or decision by the court of protection, social services have a duty to have regard to your wishes but do not have to follow them. I assume you have made plain that your preference would be for care provision to be nearer to you to facilitate greater contact.

Ideally would be able to come to some form of agreement as regards ***** *****'s future welfare with social services. If you remain unsatisfied with arrangements and you are unable to come to an agreement, you can consider an application to the court of protection for an order in relation to your husband's care:

https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-form-cop1

there is an application fee of £365 to make the application and should hearing be necessary to decide the application, there will be a further fee of £485

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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