Court best interests decision - how long does it take

[Jackie123]

My Mum has bipolar and dementia.

She lives with my dad (husband) and my brother (son).

Mum wants to live at home - she has been assessed as having capacity to make this decision.

Dad and brother are very stressed.

Social worker believes it is in best interests for Mum to be moved into care.

They are going to court for decision to be made.

Does anyone have experience of this?

In particular how long might it take?

Thanks

Jackie

 

[Shedrech]

Hi Jackie123
such a hard time for your family

I'm sorry, I have no answer for you, I've no experience of this situation
just wanted you to know your post is being read - I guess just not yet by the TPer who can give you the info

best wishes to all of you

 

[Chemmy]

Sorry, can't help with the actual question re court times.

But hopefully someone will ask the court the question, could she manage at home unsupported by her husband and son? Because if the answer is no, then I can't see why her wishes should overrule theirs.

I have no problem with someone wanting to retain their independence, but if the reality is that it forces others to become unwilling and stressed-out carers, how can that be deemed acceptable?

'Best interests' is a two-way street.

 

[Witzend]

Sorry, can't help with the actual question re court times.

But hopefully someone will ask the court the question, could she manage at home unsupported by her husband and son? Because if the answer is no, then I can't see why her wishes should overrule theirs.

I have no problem with someone wanting to retain their independence, but if the reality is that it forces others to become unwilling and stressed-out carers, how can that be deemed acceptable?

'Best interests' is a two-way street.

Agreed 100%.
So-called 'independence' is often nothing of the sort.

What would happen if family carers went on holiday for a couple of weeks, even with paid carers popping in 2 or 3 times a day?
That is the question.

 

[HillyBilly]

What a difficult situation.
Nobody, as has been said, can be forced to become a carer, be it for spouse or be it for parent.
Does anybody hold POA for your Mum?
Who carried out the assessment that deemed she had the capacity to choose where she lives?
I do hope that you get a satisfactory outcome.
Maybe keep on at the Court, daily if need be.
Wishing you all the best. x

 

[arielsmelody]

If your dad doesn't want your mum to come home, he has to keep saying so, calmly and firmly - he has to make it very clear to the judge how he feels and that should be something the court takes into consideration. Just because your mum wants to come home and has capacity to say so doesn't automatically mean that it is in her best interests.

 

[care2share]

My Mum has bipolar and dementia.

She lives with my dad (husband) and my brother (son).

Mum wants to live at home - she has been assessed as having capacity to make this decision.

Dad and brother are very stressed.

Social worker believes it is in best interests for Mum to be moved into care.

They are going to court for decision to be made.

Does anyone have experience of this?

In particular how long might it take?

Thanks

Jackie

Hi Jackie,
This is a very interesting situation! You say she has been assessed to have the capacity to make THIS decision. Has she been assessed to lack mental capacity GENERALLY? Are we talking of the Court of Protection? As far as I know the COP only concerns those who lack capacity. I think it will be a case of establishing whether she does or doesn't. If we have capacity, aren't we allowed to make unwise decisions? I guess your Dad and your brother will have to be very sure about what they are doing. It could all be so irreversible. Good outcome wished for all concerned.

 

[Beate]

To be honest, everyone will always say they want to live at home. Whether this is a wise or unwise decision, made with or without mental capacity - it doesn't mean it's going to happen. No person can be forced to look after another, so if Dad says he can't cope and does not want her home, then that's what should happen, because he has rights too, and it's in nobody's best interest, let alone hers, to be forced into a situation that won't work long-time.

You know, I can say with my best mental capacity that I'd quite like to live with George Clooney but I have the funny feeling he will veto it!

 

[Jackie123]

Thank you for all the replies.

Mum is currently living at home with husband and brother.

I rang social services on behalf of my brother to find out what was happening and it was then I found out about the need for a court decision, but the social worked had not done before and did not know how long things would take.

The court, I guess, is court of protection; I have found this https://www.gov.uk/oneoff-decision-personal-welfare/overview which gives an overview of process but not timing.

The social worker attended the family home as part of an investigation - I do not have details of what or by whom; my fathers shouting at my mother can easily be heard in the street, and they have admitted tipping water on my Mum to shut her up on more than one occasion.

My brother (who has health issues and disability) is thoroughly stressed by the pair of them.

There is an old style enduring power of attorney but as far as I know it is not registered.

Mum has been judged by the social worker as having capacity to choose when she wants to live.

If I understood correctly Mum has also been assessed by the social worker as lacking the capacity to understand the stress that her behaviour (dementia/anxiety/bipolar) is having on my brother and father.

The best interests view of the social worker and the people she consulted with is that Mum is moved into care.

Hence it is going to court for a decision on whether Mum can be moved into care.

I am trying to get a sense of how long this might take as we would need to look into care homes within social services budget - social services have already kicked off process of looking what NHS might fund under CHC.

I have since emailed the court of protection to find out how long it might take - if I get a helpful response I will post details here.

Kind regards

Jackie

 

[Jackie123]

I have received guidance that the process normally takes about 16 weeks.

I would guess the clock starts ticking once the initial application is made to the court.

So our initial guess of 3 to 6 months was in the right ball park, as we don't when social services will make the initial application.

 

[Jackie123]

Out of interest if anyone comes across this thread, I was puzzled by it as so much as happened since then, so I went back to my notes and it looks like things got kicked into the long grass.....I don't think it ever got to Court....an independent advocate was involved and the end result was that Mum's day care was increased. Apologies for delay in update!

 

[Kevinl]

It might have taken you over 2 years to get back to us so it's luck we didn't hold our breath, but it's always nice to know how these things turn out. I look forward to your next post in 2020
K

 

[Jackie123]

You've given me a wonderful laugh - just what I needed - a dose of sanity