Many people take the view that once you pass a certain age and show early signs of dementia then you should be consigned to a care home as its 'in your best interests'. This is certainly the view of my social services department but not of myself or my father.
My father is 92 but still fit for his age and can take care of his daily needs, although his mind is slowing down he knows where he wants to live and it is not in a care home. His view is that he has his own home and 'does not need other people telling me how to run my life' nor is he 'paying to be sat in a chair looking at four walls in a care home'. Social services think otherwise.
Following a stay in hospital for a fractured hip a day after being taken into a respite care home (something that never happened in his own home) social services carried out a mental capacity test the decision of which was that it was in his best interests to be taken back into a care home on a permanent basis.
My father gave written instructions to social services that should his mental capacity ever be questioned then as his only living relative I should be made aware of it and be present at any examination. He also expressed the view that he should not be placed into a care home. At all stages of contact with the SS (very appropraite abbreviation given to me by a care worker) they have stated a care home is best for him. They have ignored his requests, they did not inform me of the test nor if he has been legally declared to have mental incapacity, they mearly stated that following the test they had decided 'in his best interests' that he should be placed in a home.
They have so far ignored all my questions and complaints regarding the decision and are in no hurry to set up a meeting with myself and my lawyer. On the other hand they are very quick to demand information about his assets and threaten legal action if I refuse to pay for his care home confinement.
I would be interested yo know if members of this site have dealt with a similar situation and how they went about challenging the SS. As a novice to the Mental Health Act, DOL's etc I get the impression that human rights of the individual count for nothing (not that I was stupid enough to believe that they ever did even in a so called democracy) and that the SS has the law in its back pocket.
My father is 92 but still fit for his age and can take care of his daily needs, although his mind is slowing down he knows where he wants to live and it is not in a care home. His view is that he has his own home and 'does not need other people telling me how to run my life' nor is he 'paying to be sat in a chair looking at four walls in a care home'. Social services think otherwise.
Following a stay in hospital for a fractured hip a day after being taken into a respite care home (something that never happened in his own home) social services carried out a mental capacity test the decision of which was that it was in his best interests to be taken back into a care home on a permanent basis.
My father gave written instructions to social services that should his mental capacity ever be questioned then as his only living relative I should be made aware of it and be present at any examination. He also expressed the view that he should not be placed into a care home. At all stages of contact with the SS (very appropraite abbreviation given to me by a care worker) they have stated a care home is best for him. They have ignored his requests, they did not inform me of the test nor if he has been legally declared to have mental incapacity, they mearly stated that following the test they had decided 'in his best interests' that he should be placed in a home.
They have so far ignored all my questions and complaints regarding the decision and are in no hurry to set up a meeting with myself and my lawyer. On the other hand they are very quick to demand information about his assets and threaten legal action if I refuse to pay for his care home confinement.
I would be interested yo know if members of this site have dealt with a similar situation and how they went about challenging the SS. As a novice to the Mental Health Act, DOL's etc I get the impression that human rights of the individual count for nothing (not that I was stupid enough to believe that they ever did even in a so called democracy) and that the SS has the law in its back pocket.