Mum was living at home, supported by carers, until March when she suffered a sharp reduction of mobility. She was getting wobblier over several days and finally she fell and couldn't get up or walk. She was taken to hospital where she was regarded as being unable to consent to her treatment by reason of her dementia. This is recorded on a form from the social worker who is based at the hospital.
She was taken to a dementia nursing unit and kept there under DoLS (I have documentation showing that too). Following some health problems, she had a later stay in the hospital and again it was clear to everyone that she was legally incapable.
We are now trying to sell her house to pay for care but have hit a snag with the Power of Attorney. The conveyancers say it isn't valid until Mum is declared to have lost capacity by a medically qualified person. They won't accept the PoA because there hasn't been a formal assessment, or a piece of paper in her file, or whatever. It's crazy for various reasons: 1) anyone who'd met her would see immediately that she no longer has mental capacity, and 2) nobody, but nobody, is going to challenge the sale of this house, not Mum and nobody else in the family and 3) it's obvious that the social worker and the nursing staff at the home regard her as having lost capacity and that she was so regarded in hospital.
But there we are, she's been in hospital and treated as a person with advanced dementia and was then released to a dementia nursing unit - and the conveyancers are acting as if that could all happen by accident! They don't accept the documents I've shown them from the hospital social worker or the nursing unit as 'those aren't from a proper medical person'. So I'm trying to arrange an assessment. The house is ready to go for auction, people are coming forward with offers and...everything is being held up at the last minute.
This is where I start running in circles. Her GP has declined to see her, saying it should be someone from the local mental health team. The mental health team take my frantic messages and nobody gets back to me. They have even put it back on the conveyancers, saying they should have accepted the social worker's decision. The conveyancers say 'No, we won't.' Nobody wants to help at all, only to pass the burden to someone else. I fear we're going to lose the house sale and not be able to pay for the care. Can I demand that someone assesses her? What rights do we have? Could we have it done privately? I thought all the worst stress would be over once she was in the home but this is just as bad as ever.
She was taken to a dementia nursing unit and kept there under DoLS (I have documentation showing that too). Following some health problems, she had a later stay in the hospital and again it was clear to everyone that she was legally incapable.
We are now trying to sell her house to pay for care but have hit a snag with the Power of Attorney. The conveyancers say it isn't valid until Mum is declared to have lost capacity by a medically qualified person. They won't accept the PoA because there hasn't been a formal assessment, or a piece of paper in her file, or whatever. It's crazy for various reasons: 1) anyone who'd met her would see immediately that she no longer has mental capacity, and 2) nobody, but nobody, is going to challenge the sale of this house, not Mum and nobody else in the family and 3) it's obvious that the social worker and the nursing staff at the home regard her as having lost capacity and that she was so regarded in hospital.
But there we are, she's been in hospital and treated as a person with advanced dementia and was then released to a dementia nursing unit - and the conveyancers are acting as if that could all happen by accident! They don't accept the documents I've shown them from the hospital social worker or the nursing unit as 'those aren't from a proper medical person'. So I'm trying to arrange an assessment. The house is ready to go for auction, people are coming forward with offers and...everything is being held up at the last minute.
This is where I start running in circles. Her GP has declined to see her, saying it should be someone from the local mental health team. The mental health team take my frantic messages and nobody gets back to me. They have even put it back on the conveyancers, saying they should have accepted the social worker's decision. The conveyancers say 'No, we won't.' Nobody wants to help at all, only to pass the burden to someone else. I fear we're going to lose the house sale and not be able to pay for the care. Can I demand that someone assesses her? What rights do we have? Could we have it done privately? I thought all the worst stress would be over once she was in the home but this is just as bad as ever.