My wife and I have been happily married for 57 years. Three years ago she was diagnosed with Parkinson's and Lewy Body Dementia. I looked after her at our home for more than two years. Just a few weeks ago, despite my protests, she was transferred into a care home by our son. This care home is many miles from our house. It also has strict visiting rules - one-person from one family. Even telephone calls are restricted and have to be arranged in advance. I managed to phone her in early August 2022. She said that she wanted to leave for our home, or to be transferred to a care home closer to our home. When I said that this could take quite to some time she wept and said 'when - when'. The existing care home will not co-operate even though a local care home is available. They say that they'd need to carry out an assessment before she's transferred. The local care home disagree and say that they would be responsible for the assessment. I'm concerned that my wife's health is deteriorating without regular contact with me. As her spouse, can I legally demand this transfer takes place ?
Care Home Problem
- Thread starter Bad Care
- Start date
Being a spouse does not give you rights as such! In this situation, it depends on 2 things: who holds Power of Attorney for Health and Welfare and who is paying for your wife's care. As your son arranged the move, I'm guessing he holds PoA for your wife? If that's the case and your wife no longer has capacity, he can decide where she should live though any decision must be 'in her best interests'. Do you know why he moved her there when it's obviously not something you wanted? Has there been disagreement over her care?
Re. funding, if your son is using your wife's funds via PoA for finance you can arrange - between you - where she should live. If SS are funding you would have to involve them in any proposed move. (The second care home is right - when moving someone, usually the new home come and do an assessment to make sure they can offer adequate care.)
It would help to know who holds PoA for your wife and a little more about the situation. The best way to sort this out would be through discussion with your son, with a view to moving your wife somewhere closer to you so you can visit more easily. Do you know why he chose the care home your wife is in now?
Re. funding, if your son is using your wife's funds via PoA for finance you can arrange - between you - where she should live. If SS are funding you would have to involve them in any proposed move. (The second care home is right - when moving someone, usually the new home come and do an assessment to make sure they can offer adequate care.)
It would help to know who holds PoA for your wife and a little more about the situation. The best way to sort this out would be through discussion with your son, with a view to moving your wife somewhere closer to you so you can visit more easily. Do you know why he chose the care home your wife is in now?
