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Joshua, Lawyer
Category: Law
Satisfied Customers: 31734
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother has recently been released from hospital after 3

Customer Question

My mother has recently been released from hospital after 3 months, she now has no mobility and is bedridden and incontinent . She requires full time care and has some delirium. She is living at her home with my sister in full time attendance. We are considering placing her in a care home. However, she would not agree to this, do We need a Power of Attorney to place her and if so what is the procedure?
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

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.

Expert:  Joshua replied 15 days ago.

I'm very sorry to read of the above. May I confirm if social services have been contacted and whether your mother has any allocated caseworker to date please?

Customer: replied 15 days ago.
Social services are providing daily care for changing incontinent pads 4 times a day each visit is approximately 20 minutes
Expert:  Joshua replied 15 days ago.

  1. thank you. Have they carried out a care needs assessment for your mother since she returned home?
  2. if so, has it been determined in their view at least that your mother's care needs can be satisfactorily provided for at home?
  3. Presumably if so, that would not be the case if your sister withdrew her care. Would that be correct?

Customer: replied 15 days ago.
No assessment has been disclosed to us, but it is obvious that if my sister withdrew her care it would not be possible for my mother to be at home.
Customer: replied 15 days ago.
Feel that she should not have been released from hospital without advising us of her needs
Expert:  Joshua replied 15 days ago.

thank you. Unfortunately, with resources being as they are, local authorities can on occasion favour or even encourage home care over care home provided care on grounds of economics particularly where the local authority be left to foot the majority or indeed all of the bill for care home costs which is generally substantially higher than providing a care package within the home. Of course, if your mother would be self funding then the above cynicism may not apply but regardless of the situation, if you do not believe your mother's care needs can be met at home, then the matter will need to be revisited.

What is likely to be central is the view of your sister as based on what you say, the entire viability of care at home is based upon your sister's willingness or lack thereof to provide care and support. Accordingly, it must presumably follow that if your sister were to declare that she is not prepared to continue in that role, whether she really means it or not, the local authority would have little option but to determine that care cannot be safely provided for in the home and would be forced to consider care homes as an alternative.

accordingly, if it is both your and your sisters wish to transfer your mother to a care home because you are concerned that care cannot be safely provided for at home any longer or your sister simply is not willing or does not wish to provide support in this regard any further, either you or your sister may wish to consider contacting the relevant officer within social services to advise that your sister does not feel she can continue to provide care for your mother safely and to request a reassessment to determine whether your mother should be transferred to a care home.

In terms of whether there is a requirement for a power of attorney in this respect, social services have powers to remove someone from their home into a care home or other appropriate facility where they make an initial determination that it is unsafe for them to remain at home. Such a decision can be challenged in court but whether your mother would be in a condition to do so will depend upon the circumstances and in circumstances where she is not, this would generally suggest that the decision may be apt in any event though of course it is open to her to appoint an advocate to represent her in any such challenge

Customer: replied 15 days ago.
Do we need Social Services to provide an assessment for the care home?
Expert:  Joshua replied 15 days ago.

This very much depends on whether your mother would be self funding and whether your mother would go willingly without the involvement of social services which I think I'm right in understanding the things she most likely would not.

Ifeither of the above is not the case, then it is likely would need the assistance of social services in order to mandate a move unless you hold a health and welfare power of attorney which is registered and your mother lacks capacity

Customer: replied 15 days ago.
Who determines whether she has or lacks capacity?
Expert:  Joshua replied 15 days ago.

the mental capacity act provides that "a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain."

Customer: replied 15 days ago.
But who do we ask to determine, the GP, social worker, council, hospital?
Expert:  Joshua replied 15 days ago.

If your sister is no longer willing to provide care or at least is willing to state as much for if your aim is to secure a care home then she will need to advise social services accordingly. If there is an allocated case officer then they should be the first point of contact.

Expert:  Joshua replied 14 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 13 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.