Apologies for long post, but I need to provide context.
CoP – Section 2 1A – MCA 2005 – Challenge Standard Authorisation granted under Schedule 1A MCA
Essentially the above enables an individual to have their care & residence needs assessed when they have continually objected to their care arrangements. My mum has a proceeding in the Court of Protection in relation to the above. She is represented by the Official Solicitor. The case started last summer and has been meandering ever since. Final hearing is likely end of June.
Background
Mum is 81 has been in care for 3.5 years and is on her second home which offers nursing care – her first one did not and she ended up in hospital 3 times in 2017 as her mental health deteriorated. She is classed as EMI as she has a long history of bi-polar disorder and challenging behaviour. She is funded under a 117. She has been asking to go home on and off over this time.
I am my mums Attorney only for Legal & Financial. I live in Ireland. I have rented mums house out via a managing agent. Tenants have been in place for 3 years, regularly paying rent. The couple are on welfare benefits.
My mum has recently been diagnosed with breast cancer and radiotherapy is the only treatment that can be offered. She fell before Xmas and broke her hip, while in hospital they diagnosed her as diabetic, she has insulin twice a day. In addition she has COPD, ischaemic heart disease and an acute thyroid disease.
Issues I am now facing as the proceeding edge near to the end.
Where she will reside for her care. A ‘trial’ at home with 24 support is being pursued by my mums legal team. An alternative care home option was jettisoned as the one ear-marked eventually refused to see my mum due to her mental health history The other option was sheltered accommodation – no availability in her locality.
I am most concerned about this option of a ‘trail at home’ option. Apart from the fact that I would have to issue eviction proceedings to my tenants to insure availability of property before judge decides proceeding outcome. My main concerns are:-
1) Funding. LA will not fund 24 home support - obviously. My mum has money – last 3 years of pension and rent have built up, so they can see she has funds. They currently pay £580 per week for her care in the care/nursing home. I note that the 2014 Care Act clarified ‘top-up’ for 117 care. I can see how this operates for residential, but does it apply for care at home? If the 117 can still co-exist along side top-up care at home, I assume if it breaks down, the 'trial' period shows that arrangement is not working well, then mum can return to residential care and revert to previous arrangements? LA has not outlined a care plan yet. I have no idea of cost yet. Final hearing ear-marked for end of June.
2) For me, 24 care at home will not be the same as 24 nursing care in a home. Variability of carers, the risk of mum needing prompt medical attention. She falls quite regularly. My mum has a range of acute medical conditions, as well as her bi-polar and dementia. All of these can be met seamlessly and without too much disruption, to my mum in the care/nursing home.
I don’t live near by, so I cant pop in once or twice a week to see how things are. I am not trusting of who will be there to ‘keep an eye’ and report issues. My mum has no one in England, maybe just one friend who has a busy life.
Has anyone had insight into Section 2 1A MCA 2005 proceedings. The balance placed in weighing up my mums happiness vs her nursing and care needs in the light of her conditions.
Anyone have insight into the 117 top-up for 24 care at home, given my mum would be moving from a care home back to home.
I think at this stage I may need support in framing my final Position Statement to make points that are relevant and germane to these proceedings. I have talked to Age UK, who referred me to a local branch, but the agencies they flagged, to me, don’t seem to be advocates for someone like me, more advocates for my mum. Plus the legal nuances of section 2 1A deliberations are likely not within most peoples expertise. I may have to find a specialist solicitor.
Any feed back or thoughts welcome from the TalkingPoint community.
Many thanks.
CoP – Section 2 1A – MCA 2005 – Challenge Standard Authorisation granted under Schedule 1A MCA
Essentially the above enables an individual to have their care & residence needs assessed when they have continually objected to their care arrangements. My mum has a proceeding in the Court of Protection in relation to the above. She is represented by the Official Solicitor. The case started last summer and has been meandering ever since. Final hearing is likely end of June.
Background
Mum is 81 has been in care for 3.5 years and is on her second home which offers nursing care – her first one did not and she ended up in hospital 3 times in 2017 as her mental health deteriorated. She is classed as EMI as she has a long history of bi-polar disorder and challenging behaviour. She is funded under a 117. She has been asking to go home on and off over this time.
I am my mums Attorney only for Legal & Financial. I live in Ireland. I have rented mums house out via a managing agent. Tenants have been in place for 3 years, regularly paying rent. The couple are on welfare benefits.
My mum has recently been diagnosed with breast cancer and radiotherapy is the only treatment that can be offered. She fell before Xmas and broke her hip, while in hospital they diagnosed her as diabetic, she has insulin twice a day. In addition she has COPD, ischaemic heart disease and an acute thyroid disease.
Issues I am now facing as the proceeding edge near to the end.
Where she will reside for her care. A ‘trial’ at home with 24 support is being pursued by my mums legal team. An alternative care home option was jettisoned as the one ear-marked eventually refused to see my mum due to her mental health history The other option was sheltered accommodation – no availability in her locality.
I am most concerned about this option of a ‘trail at home’ option. Apart from the fact that I would have to issue eviction proceedings to my tenants to insure availability of property before judge decides proceeding outcome. My main concerns are:-
1) Funding. LA will not fund 24 home support - obviously. My mum has money – last 3 years of pension and rent have built up, so they can see she has funds. They currently pay £580 per week for her care in the care/nursing home. I note that the 2014 Care Act clarified ‘top-up’ for 117 care. I can see how this operates for residential, but does it apply for care at home? If the 117 can still co-exist along side top-up care at home, I assume if it breaks down, the 'trial' period shows that arrangement is not working well, then mum can return to residential care and revert to previous arrangements? LA has not outlined a care plan yet. I have no idea of cost yet. Final hearing ear-marked for end of June.
2) For me, 24 care at home will not be the same as 24 nursing care in a home. Variability of carers, the risk of mum needing prompt medical attention. She falls quite regularly. My mum has a range of acute medical conditions, as well as her bi-polar and dementia. All of these can be met seamlessly and without too much disruption, to my mum in the care/nursing home.
I don’t live near by, so I cant pop in once or twice a week to see how things are. I am not trusting of who will be there to ‘keep an eye’ and report issues. My mum has no one in England, maybe just one friend who has a busy life.
Has anyone had insight into Section 2 1A MCA 2005 proceedings. The balance placed in weighing up my mums happiness vs her nursing and care needs in the light of her conditions.
Anyone have insight into the 117 top-up for 24 care at home, given my mum would be moving from a care home back to home.
I think at this stage I may need support in framing my final Position Statement to make points that are relevant and germane to these proceedings. I have talked to Age UK, who referred me to a local branch, but the agencies they flagged, to me, don’t seem to be advocates for someone like me, more advocates for my mum. Plus the legal nuances of section 2 1A deliberations are likely not within most peoples expertise. I may have to find a specialist solicitor.
Any feed back or thoughts welcome from the TalkingPoint community.
Many thanks.
