MIL coming up for review.

happyhacker

Registered User
Aug 11, 2014
49
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Actually MIL has had a stroke and incapable of looking after herself and originally assessed as needing CHC. That was 3 years ago. I am deputy but do not have welfare just financial. The first reassessment is due soon and we have had a meeting to which I was invited but it seemed to be a preliminary one so MIL may be marginal for LA care instead of NHS. As I am going to the meeting as an observer I was wondering how to prepare but suspect I am not invited to give a view as the discussion will be between the NHS arguing for LA care and the LA for NHS CHC. Any view or advice welcome.

PS if anyone knows of a forum(s) which is as useful as this one but related directly to someone incapacitated by a stroke be interested to know of it.

many thanks.
 

AlsoConfused

Registered User
Sep 17, 2010
1,952
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It seems to me there several issues you need to think about:-

1. Will your MIL be entirely or partly self-funding if it's decided she's no longer the responsibility of the NHS? If she will be then you need to be very actively involved in the process, from preparing for this meeting onwards. You'll need to check that all her primary health care needs have been described and are properly weighted ... and that what happens during the meeting (eg NHS representative or LA representative being far better prepared and more dominant than the other party) doesn't distort the outcome.

2. Your MIL has presumably been in the same home for 3 years, in a place that looks after her well ... so it's likely you need to be present at the meeting to discourage any suggestion she should move on financial grounds.
 

Wirralson

Account Closed
May 30, 2012
658
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Actually MIL has had a stroke and incapable of looking after herself and originally assessed as needing CHC. That was 3 years ago. I am deputy but do not have welfare just financial. The first reassessment is due soon and we have had a meeting to which I was invited but it seemed to be a preliminary one so MIL may be marginal for LA care instead of NHS. As I am going to the meeting as an observer I was wondering how to prepare but suspect I am not invited to give a view as the discussion will be between the NHS arguing for LA care and the LA for NHS CHC. Any view or advice welcome.

PS if anyone knows of a forum(s) which is as useful as this one but related directly to someone incapacitated by a stroke be interested to know of it.

many thanks.


As an aside, it is very rare for deputyships to be granted for Health and Welfare, as the Court of Protection tends to take the view in most (if not all) that existing legislation covers this adequately without the need for a deputyship to cover this. certianly experienced Mental Health lawyers I've dealt with can't recollect this power being used, and they see a lot of cases. That said, it does happen.

W
 

justiceformum

Registered User
Sep 28, 2015
9
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Health & Welfare

As an aside, it is very rare for deputyships to be granted for Health and Welfare, as the Court of Protection tends to take the view in most (if not all) that existing legislation covers this adequately without the need for a deputyship to cover this. certianly experienced Mental Health lawyers I've dealt with can't recollect this power being used, and they see a lot of cases. That said, it does happen.

W

Hi
I found that thread concerning protection of Health& Welfare illuminating as I hadn't heard that before that they are it often allocated to Deputy.
Do you have any legal background?
I have had a " Best Interests" meeting concerning my Mother's & my wish for her to "return Home". Mom meaning the place she was born & lived till she retired.
I am considering informing Social Services of what I feel was abuse by my step-father before my Mom was placed by Crisis Team in a Nursing Home.
I feel my step-father did of have my Mother's Best Interests then & doesn't now .
Hope some info. out there as I am mindful that lawyers advice comes at a price. That is even if they don't have the answers.
 

happyhacker

Registered User
Aug 11, 2014
49
0
As the OP I am not allocated H&W control. I am invented to the next meeting that discusses her future. This will impact her finances if she goes from NHS to LA funded. After the meetings will get back to be advised on the way forwards, thanks.