Making the Family Homeless

[Anglostyle]

My Father, who is 92 years old suffers from Alzheimer's and has been in a Care Home for 14 months now. Previously, since 2012, my wife and I, have lived with him in his, owned outright, home, and have cared for him 24/7.
In August 2017 he entered the Care Home with Local Authority approval, initially under respite but we were led to believe, by his social worker, that it would become permanent. This was not to be the case as in February this year DoLS proceedings were instigated.
The reason that he entered the care home was that my wife and I are both pensioners, I have had two back surgeries and my wife has been diagnosed with a terminal disease.
At a COP hearing yesterday, the Judge advised us to get a lawyer as my Father has said that he wants to return home and that he wants to return home on his own. It would appear that the Local Authority want us out of his house. Having spent a great deal of money in making the house habitable for both us and my Father (it had been neglected) we are concerned that this may be made so.
Note that I have also PoA over my Father's property and Financial affairs but not his health as when the PoA was taken out there was no such thing as a PoA covering health.
We are terrified that we may become homeless and are asking for any help that may be available.

 

[Baby Bunty]

Oh gosh..so who would look after your father??.this dols ??..has your dad got capacity???.

 

[karaokePete]

It would be hard to ignore the advice of the judge. This is an issue where it may be best to speak to the experts on the help line, the details are

National Dementia Helpline
0300 222 11 22
Our helpline advisers are here for you.
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

 

[VerityH]

We have all heard horror stories, but I cannot believe for a moment that anyone with any common sense would allow this to happen. I suspect you will need to do a lot of work and speak to a lot of people about this (helpline above a good place to start). Perhaps a letter to your MP to highlight that people are being even threatened with this kind of action would be a good idea from a 'let's try and change the world for the better' point of view. The more MPs know about the plight of the families of PWD the better. Successive governments seem to have been completely deaf to all of this at the moment (I've no idea why, as with the number of MPs in parliament, you'd think a proportion of them would have been faced with some of the issues the posters on this forum face).

Good luck.

 

[canary]

Yes, find a lawyer who understands about these things.

I think that the issues you will have to look at is whether your dad has capacity to make these decisions for himself and the understanding of the consequences and also whether he will be at risk and unsafe in his house on his own.

 

[Bod]

My Father, who is 92 years old suffers from Alzheimer's and has been in a Care Home for 14 months now. Previously, since 2012, my wife and I, have lived with him in his, owned outright, home, and have cared for him 24/7.
In August 2017 he entered the Care Home with Local Authority approval, initially under respite but we were led to believe, by his social worker, that it would become permanent. This was not to be the case as in February this year DoLS proceedings were instigated.
The reason that he entered the care home was that my wife and I are both pensioners, I have had two back surgeries and my wife has been diagnosed with a terminal disease.
At a COP hearing yesterday, the Judge advised us to get a lawyer as my Father has said that he wants to return home and that he wants to return home on his own. It would appear that the Local Authority want us out of his house. Having spent a great deal of money in making the house habitable for both us and my Father (it had been neglected) we are concerned that this may be made so.
Note that I have also PoA over my Father's property and Financial affairs but not his health as when the PoA was taken out there was no such thing as a PoA covering health.
We are terrified that we may become homeless and are asking for any help that may be available.

Two questions.
1. Why did he go into care in the first place?
2. Has his mental capacity been recently assessed?

Wanting to go "home", whether from Care or their own house is very normal for dementia. They also believe absolutely that they can manage perfectly well!
Should you get a Social worker who understands this, all is well. BUT get one that doesn't....
Hence the Judges advice, get a solicitor that does.

Bod

 

[kindred]

My Father, who is 92 years old suffers from Alzheimer's and has been in a Care Home for 14 months now. Previously, since 2012, my wife and I, have lived with him in his, owned outright, home, and have cared for him 24/7.
In August 2017 he entered the Care Home with Local Authority approval, initially under respite but we were led to believe, by his social worker, that it would become permanent. This was not to be the case as in February this year DoLS proceedings were instigated.
The reason that he entered the care home was that my wife and I are both pensioners, I have had two back surgeries and my wife has been diagnosed with a terminal disease.
At a COP hearing yesterday, the Judge advised us to get a lawyer as my Father has said that he wants to return home and that he wants to return home on his own. It would appear that the Local Authority want us out of his house. Having spent a great deal of money in making the house habitable for both us and my Father (it had been neglected) we are concerned that this may be made so.
Note that I have also PoA over my Father's property and Financial affairs but not his health as when the PoA was taken out there was no such thing as a PoA covering health.
We are terrified that we may become homeless and are asking for any help that may be available.

Try to get services of an independent social worker. This will cost but I have heard they are great. Google it and find one for your area. Warmest, Kindred.

 

[Kevinl]

Try to get services of an independent social worker. This will cost but I have heard they are great. Google it and find one for your area. Warmest, Kindred.

I think it's well past the point where a social worker could do anything, if a judge tells you to get a lawyer then you get a lawyer and a specialist one at that.
I appears to me that the judge is thinking of refusing to give a DoLS in which case there's nothing a social worker can do other than contradict the judge and say they don't believe the person could cope outside the carehome, good luck with that.
If the judge decides that they believe the person could live outside of a carehome with support then under the "least restrictive option" that's what they will order and without a DoLS the home will have no right to stop him leaving anytime he asks.
From what Anglostyle has said I can only imagine that this is the situation, so if the judge can't be persuaded that this man needs to be in care, no DoLS so he's free to go home if he wants.
People on here talk about "we've decided a care home is the best option for mum" but that's not totally their decision to make, if the person expresses a wish to leave a carehome then the caarehome need a DoLS and if you can't get one then you can't "put" someone in a home.
In the past things happened that wouldn't happen now as a result of a number of court cases, most notably The West Cheshire Case and slowly but surely homes are having to respond to this.
Anglostyle is in a difficult position and I'm not even sure anything less than the judge being persuaded that this man can't cope alone will do, it's about this man losing his liberty not the effect this will have on the family although I would hope that that does count for something.
I'd start of talking to the CAB or AGEUK and see if they can offer any specialist advise and any local law firms who specialise in CoP cases.
K

 

[allchange]

You need legal advice on whether or not you have a beneficial interest in the property due to your substantial financial input e.g. https://www.blasermills.co.uk/even-if-my-name-isnt-on-the-property-deeds-do-i-have-any-rights/

This is separate to legal ownership which may be different.

"Other contributions can include substantial renovations to the property, or capital improvements that would not ordinarily be expected from a non-owner or someone who was simply occupying the property. Mere DIY or general housework will not be enough to establish a beneficial interest in a property."