What are the legal implications of removing my schizophrenic mother out of a care home, and taking her home?
- Thread starter EricJones
- Start date
They should inform the medical NoK (next of kin).
Medical NoK is not the legal definition, it is somebody chosen by the person
Next of kin
Your medical next of kin is someone you nominate to receive information about your medical care.
www.patients-association.org.uk
Ask to be recorded as NoK with care home and social services.
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They should inform the medical NoK (next of kin).
Medical NoK is not the legal definition, it is somebody chosen by the person
As your mother may not have capacity to elect somebody it is likely to be somebody who asked to be recorded as NoKNext of kin
Your medical next of kin is someone you nominate to receive information about your medical care.
Ask to be recorded as NoK with care home and social services.
What if social services refuse to record me as NoK? If my mother is moved to another care home in a couple of weeks, is there no other way to find out where my own mother has been moved to? They told my mother she'd only be there for three weeks. Could be some sort of trial. And not going well.
I have my three children as NoK with a mutual understanding of contact order in an emergency else it's the eldest who also lives nearby.
Only works with no chance of contention.
No chance of contension? Oh no, there is every chance of contention! Who decides when there's contension? Please don't say Social Services, I beg you. I've just this moment put the phone down after leaving a message for the Director of my mother's care home, asking to be recorded NoK. He's left work, might call me tomorrow.
That's me! I'm the eldest! Thanks! This could change things. I'll have a good Google for the Mental Health Act, and read up for my chat with the care home Director tomorrow.
Easy reading
Nearest relative - Under the Mental Health Act
Find out more about who your nearest relative would be, and what rights they have.
www.rethink.org
@EricJones
I think 'nearest relative' does not apply for DoLs.
For DoLS it's the RPR (Relevant Persons Representative)
P12
I think 'nearest relative' does not apply for DoLs.
For DoLS it's the RPR (Relevant Persons Representative)
P12
If Social Services continue to remain silent... my hope is, if I'm recorded as ""Nearest Relative" at the care home, perhaps they will tell me where she is being moved too, if or when she's moved. Certainly hope Social Services start responding again after I've submitted my complaint. Who can I complain to, if Social Services don't provide social services? My MP? Ombudsman?
I'll do my best to be recorded as NoK aswell.
Easy reading
Nearest relative - Under the Mental Health Act
Find out more about who your nearest relative would be, and what rights they have.
About this:
"Health professionals should not tell your nearest relative, next of kin or carer, information about you. If you would like them to know, this is called giving consent."
Is consent given to me by default, because she is incapable? If so and she is moved to a new care home, I can ask ger GP where she has been moved to, once I find out who her GP is, if I succeed in being registered "Nearest Relative"?
As Nearest Relative, I can ask for a Mental Health Assessment now that she's most stable I've seen for decades, and if she'd deemed capable I can apply for medical POA? I guess the chances of that are slim.
First port of call is CEO of LA.
Be factual and concise.
You can't apply, if she has capacity she can choose attorney(s) and apply.
If I am successfully registered as "Nearest Relative", where is that fact recorded? On my mother's medical record? On her file at the currently unresponsive Social Services?
Thank you, I think I have found the CEO's contact details. If Social Services don't reply to any of the many emails and phone messages I've sent or left for the social worker tomorrow, I will send the CEO an email the day after. I may also send a letter by recorded post. Also ring. Social Services shouldn't go silent just because I've started the process of making a complaint. I haven't heard from my mother's social worker since Wednesday 8th, and I've been sending email after email, leaving message after message ever since. When I tried to talk to the social worker this morning, she was "in a meeting" again, so I asked to leave a message, and the receptionist suggested I email.
What sort of legal professional should be looking for? I fear the entire free session may be spent trying to communicate the details of this very complex situation.
I am not sure how just disappearing and being able to get regular access to care and prescriptions for your mum wouldn’t be mutually excluding ?
Yes, which is why I said:
I won't be putting her health or my liberty at risk, by simply taking her home without going through the proper processes. I don't think she's ever going to be able to leave the care system, but I'll keep trying for as long as I know where she is... which may only be a couple of weeks at this rate, unless I can be registered as "Nearest Relative", at the very least, and fast! Preferably Next of Kin, in addition.
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Email addresses of the NHS authority leadership follow the same form as everyone else's at the NHS authority, so I guessed and emailed 7 directors last night. One responded saying he would try to find the best person to address my being recorded as "Nearest Relative" and Next of Kin. He's a non-executive director. My first email was factual and concise. My reply to him wasn't concise. If that leads nowhere, I'll email the other directors. I'll also email the CEO of the Council.
I've received a paper copy of the complaint, not a form. There is very little mentioned and a lot missing. What's written isn't accurate. I can adjust it online, but the outcome of the complaint won't be until after June. My mother could be moved within a week or two.
There are lawyers who are expert in this - I was out in touch with one by our area carers organisation. Or there is an organisation called ‘Solicitors for the Elderly’ who can give you the name of a local expert, although I’m not sure if the solicitor would then charge.
After emailing all of the directors of the NHS Mental Health Trust over two days, six replied with acknowledgements. I discovered via a receptionist that the manager of the Social Care Unit tasked with my mother's care had left a few months ago, and a new manager will start in a few weeks, so that non-existent manager's manager called me today. She sounded irked that I had emailed the directors. She said my mother's care worker claimed I had been invited to "Best needs" meetings twice. This is a lie - after I hadn't heard anything from my mother's social workers for months, the only time I was invited for an interview was after I started a complaint, was when the care worker rang saying she wanted to meet me the following day at my mother's care home 100 miles away during a train strike. I don't drive anymore by choice, because I have Central Serous Retinopathy in both eyes:
en.wikipedia.org
CSR is the new RSI for IT workers. Among other things, state mandated quacks think it might be caused by stress, and strong blue wavelengths emitted by LED screens - before their invention and widespread use, it was mostly airline pilots exposed to UV light in the upper atmosphere who developed CSR. Big black blobs appear in my middle vision every so often, for minutes at a time, obscuring my view of the world much more than they usually do. It shocks me that despite this, I'm legally allowed to drive... but I don't, because I want to risk others.
During the call with this manager, it seemed I had somehow pretty much been airbrushed from my mother's records. There was scant mention of me, and no record of my birth date. It was a long conversation, but I requested I be recorded in her Social Care record as "Nearest relative". The manager said I wasn't "Nearest relative", as defined by Social Care. I said I am, as defined by the Mental Care Act. I informed her I am recorded as my mother's oldest child in Court Custody documents. I also requested I be recorded as Next of Kin, but for now, haven't requested being at the top of the hierarchy. I don't know if either will happen. The manager said she'd call me again next week.
lifetimelawyers.org.uk
Central serous chorioretinopathy - Wikipedia
CSR is the new RSI for IT workers. Among other things, state mandated quacks think it might be caused by stress, and strong blue wavelengths emitted by LED screens - before their invention and widespread use, it was mostly airline pilots exposed to UV light in the upper atmosphere who developed CSR. Big black blobs appear in my middle vision every so often, for minutes at a time, obscuring my view of the world much more than they usually do. It shocks me that despite this, I'm legally allowed to drive... but I don't, because I want to risk others.
During the call with this manager, it seemed I had somehow pretty much been airbrushed from my mother's records. There was scant mention of me, and no record of my birth date. It was a long conversation, but I requested I be recorded in her Social Care record as "Nearest relative". The manager said I wasn't "Nearest relative", as defined by Social Care. I said I am, as defined by the Mental Care Act. I informed her I am recorded as my mother's oldest child in Court Custody documents. I also requested I be recorded as Next of Kin, but for now, haven't requested being at the top of the hierarchy. I don't know if either will happen. The manager said she'd call me again next week.
Thank you, I'll see if I can get a free session. However, the map on their "Find a solicitor" page doesn't work. I've tried Firefox, Opera and Vivaldi browsers on Windows 7. I may send this website a message:
Find an SFE Solicitor | Solicitors for the Elderly
SFE members are specialists in legal issues for older people, including wills, probate and tax planning. Find your nearest SFE Lawyer today.
lifetimelawyers.org.uk
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