care homes

[cheryl louise]

Hi,
Both my parents are in the early stages of Alzheimer's. My mum is forgetful but other than this is fully mobile. My dad is diabetic and has insulin twice a day administered by district nurse. Carers come in 4 times a day to prompt medication, meals and cleaning. He recently had a TIA and seizure. He has to use a walking frame round the house and they both now sleep downstairs. He is fully aware of what is going on. My sister and I live local and most days we visit and do things that are needed. We have been asked to a meeting with social services and district nursing team. I think they are going to suggest that they go into a care home. My parents will not want this and neither will we. What are our rights.

Thank you.

 

[Pete R]

What are our rights.

If your parents are coping well at home and you and both of them are happy with that then you should have nothing to worry about.

Do you have LPA for your parents?

I wish you all well.

 

[missmarple]

And if they are not self funding i would worry even less LOL!
It sounds like they are coping after a fashion and it would be most unlikely in that case that anyone would force them out of their home into residential care.

 

[Wirralson]

Hi Cheryl Louise,

I am assuming you are in England or Wales.

There is no easy legal route to forcing individuals into residential care in England or Wales. Essentially the main route is the use of the Mental Health Act 1983 ("sectioning") under sections 2, 3 and 17 of that Act which allow for detention for assessment (s2) assessment and treatment or treatment alone (s3) and detention at a specified place (s17). These are only used where a person is essentially a danger to themselves or others, and are rare but not unknown in cases of dementia (my mother was so detained). The first two get the person into hospital and the last is normally used to arrange a provisional palcement in a nursing home. Once in a nursing home individuals can be kept there, subject to the Deprivation of Liberty Safeguards (DOLS).

There is also a power to take people into care where their living conditions are insanitary and they are unable to care for themsleves. This is section 47 of the National Assistance Act 1948, adn it requires a Court Order:

http://www.legislation.gov.uk/ukpga/Geo6/11-12/29/section/47

It is very rarely used so far as I am aware and I would have thought unlikely in this situation.

However my father (86) is diabetic (Type 2) and lives alone, and I know the level of conern his health prompts. The nursing team will be concerned about a Type 1 diabetic living with someone with Alzheimers - community health teams do see this as very much an amber alert situation as it presents various risks.

Your rights are somewhat limited, but the good news is your parents' rights are greater. In particular, the Mental Capacity Act 2005 and its associated Code of Practice lay down strict guidelines about involving persons with differing mental capacities in decisions affecting their own future. I'd suggest hearing what they have to say - but if your inclination and that of your parents is towards staying where they are, then I'd steer the questions to enhanced care packages that can be provided in the home if you think those are appropriate. Above all, I'd suggest ask questions and listen to, and document the answers.

Hope this helps.

W