1. camkam

    camkam Registered User

    Jul 20, 2015
    62
    My mum is now living permanently in a care home which is excellent, the staff are wonderful, she goes out twice a week to an Age UK daycare centre and after months of battling with social services they finally agreed that she would be safer if she stayed in care permanently than if she went home with carers. The latest DoLS assessment has everyone in agreement that the care home is best for mum, but now someone from an advocacy charity is claiming that as mum's 'representative' she is going to go to the Court of Protection as mum keeps saying she wants to go home. I thought that Alzheimers sufferers did ask to go home because they want familiarity, even though in many cases (including my mum) they don't even know where 'home' was. Mum is settled in the care home until this woman goes to see her and starts talking to her about going home again and it really distresses her and upsets her but I seem to be powerless and all I can do is wait for it to go to court and hope that the judge decides the care home is the best place for her. I don't know how this can be allowed to happen when medical experts, social services, DoLS, the care home staff and all of her family feel that she is best off in the home. I have LPA Health & Welfare but this seems to be worth absolutely nothing as I've been told that I can't be mum's representative and it actually isn't worth the paper it's written on and I have no say at all in the decisions being made. Has anyone else had similar experience?
     
  2. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,962
    Brixham Devon
    This seems very strange. Camkam, who told you that you can't be your Mum's representative?

    xx
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,777
    Female
    South coast
    It sounds very strange to me too. How did this woman get involved?
     
  4. camkam

    camkam Registered User

    Jul 20, 2015
    62
    When the first DoLS was done I was her representative, then I got a call from the DoLS office to say that as I was her LPA I couldn't be her representative as I might not look on the situation with an unbiased view!
     
  5. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Hi, when the DoLS people told me I couldn't be mum's representative as I was her LPA, they said that this organisation would represent her. It's all to do with a court case a couple of years ago where someone had a DoLS and they protested against it because I think they were mentally okay but physically disabled. The case has been quoted to me many times by mum's representative but I can't remember the details. Anyway since then the law has been changed apparently to protect the individual concerned. Seems ridiculous to me.
     
  6. canary

    canary Registered User

    Feb 25, 2014
    10,777
    Female
    South coast
    #6 canary, Sep 1, 2016
    Last edited: Sep 1, 2016
    It sounds like a very over-zealous individual who knows nothing about Alzheimers to me, especially as the DoLs has been implemented. Who is going to pay for the CoP hearing? Is she expecting you to pay on behalf of your mum? Can you contact the DoLs office to complain about her?

    Edit to say its the charity you might want to complain to, not the DoLs office - sorry
     
  7. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,776
    Salford
    I hear residents in the home saying they want to go home every time I visit, it's a normal enough thing to hear although if you ask where home is they never seem to know even where home actually is.
    I take it this person made contact with your mum while she was in the home, how did that happen and are they intending to get everyone who wants to go home out?
    Personally I'd be tempted to get a restraining order as this person harassing your mother and causing her distress.
    I don't believe that in the face of what you want and what all the care professionals have said they have a hope in the CoP and I hope social services are aware and will send someone and everyone involved in the DoLS process.
    I'd be interested to know who this charity is but send a PM don't put it on here as it would not be allowed.
    K
     
  8. camkam

    camkam Registered User

    Jul 20, 2015
    62
    I asked her if mum would have to pay for the court case and she said no, so I'm guessing you, I and every other taxpayer will be footing the bill!
     
  9. canary

    canary Registered User

    Feb 25, 2014
    10,777
    Female
    South coast
    I doubt the charity will like that - they will probably be the ones paying. The CoP doesnt waiver its fees.
     
  10. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,776
    Salford
  11. HillyBilly

    HillyBilly Registered User

    Dec 21, 2015
    1,947
    Ireland
    I can't find anything about an attorney not being eligible to be the RPR for DoLs in this document from the OPG
    file:///C:/Users/User/Downloads/RPR%20Guide.pdf
    You can object to them continuing in their role if you want to.
     
  12. camkam

    camkam Registered User

    Jul 20, 2015
    62
    I've been looking on the internet and apparently the judges in the court of protection don't like family members (whether or not they're an attorney), being representatives as they may have interests in money, property, etc.

    I guess I'll just have to let things take their course and see what happens.
     
  13. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Well this woman is wasting our money! Thanks Kevin I wasn't sure as I thought it had a charity number at the bottom of their website.
     
  14. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Hi, I can't open the document unfortunately but I'll look it up. I wondered about objecting but I think in the long term it may go against me, you don't really know what to do for the best.
     
  15. nitram

    nitram Registered User

    Apr 6, 2011
    19,236
    Male
    North Manchester
    Post #11

    You have posted a link to a file on your system not the web.

    Try >>>THIS<<<
     
  16. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Thank you, like I said, I'll just have to wait and see what happens.
     
  17. tigerlady

    tigerlady Registered User

    Nov 29, 2015
    427
    I have PoA for my husband and also am his representative regarding the DoLS. I was never told I could not be his representative.
     
  18. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Hi tiger lady, I'm beginning to think that the local authority I'm dealing with makes up its own rules!


    Sent from my iPhone using Talking Point
     
  19. canary

    canary Registered User

    Feb 25, 2014
    10,777
    Female
    South coast
    Ive been thinking about this camkam and I think they may be afraid of litigation (the way this lady keeps referring to a previous case). I wonder if a letter to them, outlining the problem, explaining that she has dementia, that asking to "go home" is a common symptom, that she has no idea where "home" is (although its not her previous address), that she has lost capacity and does not understand implications, that DoLs is considered appropriate for her situation, that all professionals are in agreement that this is the best place for her, and if she were to go back to her house (or whatever) then you would "hold them personally responsible if anything untoward happened to her", might make them think twice. I have also heard that getting your MP involved can be helpful, but I have no experience of that.
     
  20. camkam

    camkam Registered User

    Jul 20, 2015
    62
    Hi, yes I've been thinking about this too, I had an email from the home today saying that this woman went to see mum the other day unannounced, and they told her in no uncertain terms the mental damage that she is doing to mum and they wouldn't let her see mum! When they told the social worker she said "good for you"! so I think I will write to the woman's organisation and explain the situation. I think she is on some personal mission!
     

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