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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12091
Experience:  30 years as a practising solicitor.
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My Mother is in Care Home, Both my Brother & I have Joint

Customer Question

My Mother is in Care Home, Both my Brother & I have Joint Power Of Attorney for Welfare & Finances, we are locked in a Battle with Social Work to get my Mum Home Before Council take back her Tenency on 15 th of this Month, My Mum suffers from Dementia but has been Assessed & has the Capacity to know her mind & make her own decisions , !!!, Mum keeps telling all the Family she wants home, Social Worker [email protected] believe us she goes & speaks to her & Mum tells her she's happy in home, Mum also tells Social Worker that she would live somewhere else if she could, but they haven't told her she still has her own house still She refuses to have a Family Meeting with us saying she has all the proof she needs, surely she must listen to what Mum is telling us It works both ways surely. um was put in Care Home 1yr ago Doctors in Hospital says she Didn't know her own mind Now Family just found out last week about Mums Assessment saying she does know her own mind, In that Case Mum was put in Nursing Home under false pretences."", If Mum got home I her Daughter stays next door My brother & son stays with her 24hrs Her sister in same street helps out also my Daughter surely with a Package of care 4 times a day plus mecs & all of us I don't see the problem & it is Mums wishes to be atHome Its Heartbreaking seeing my Mum so upset & wanting home We are at our wits end not knowing what to do as time is running out for her to keep her Tenency, I hope you will be able to Help PS Social Worker also told us if we take Mum out of Home & bring her Home she will take Legal Avice Surely Our Power of Attoney must matter.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If you have a welfare power of attorney you are delegated to make the decisions about your mothers care. The social work won't admit that to you but they are NOT allowed to dictate to you and all this talk of them taking legal advice is nonsense.

You are entitled to take your mother from the care home and take her home and look after her. Her GP can arrange the four times a day care package.

You've been allowing the social workers to intimidate you. Do not do so. Deal with the GP.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Can I help you further with this?