Court of Protection

canary

Registered User
Feb 25, 2014
11,301
South coast
I think she is probably on a personal mission too. If you threaten to sue her if she goes back to her previous address (which is what the words in quotes actually means) and make the organisation aware of this it might make them back down.
 

nmintueo

Registered User
Jun 28, 2011
847
UK
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!
Well, this is just nonsense; people will say anything.

The advocate, whoever she is, and the DoLS office, should know better. Don't let them push you around.

They don't have a leg to stand on with that assertion, as the guidance cited by HillyBilly and nitram shows:

from
Mental Capacity Act (MCA) Directory
Deprivation of Liberty Safeguards (DoLS)

http://www.scie.org.uk/mca-directory/dols.asp

Deprivation of Liberty Safeguards
A guide for relevant person’s representatives

http://www.seap.org.uk/getfile/5517/

In general, a relevant person’s representative is a friend or family member who will ensure that the rights of a person being deprived of their liberty are protected.

In cases where no friend or family member is willing or eligible, a paid representative will be appointed.

Your appointment as an RPR will be terminated if: ...
• an attorney or deputy objects
to you continuing in the role of RPR (if they have the authority to do so)
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.
Well, you object, so that's the end of that representative.

And given that your mother lacks capacity, citing a court case involving someone who had full capacity doesn't seem particularly relevant.

Given the unanimous agreement elsewhere that the care home is the best place for your mother, it will be astonishing if the advocate manages to overturn the present arrangement. Do update us on how this progresses, won't you?
 
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nmintueo

Registered User
Jun 28, 2011
847
UK
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!
This sounds very encouraging.
 

camkam

Registered User
Jul 20, 2015
62
Well, this is just nonsense; people will say anything.

The advocate, whoever she is, and the DoLS office, should know better. Don't let them push you around.

They don't have a leg to stand on with that assertion, as the guidance cited by HillyBilly and nitram shows:

from
Mental Capacity Act (MCA) Directory
Deprivation of Liberty Safeguards (DoLS)

http://www.scie.org.uk/mca-directory/dols.asp

Deprivation of Liberty Safeguards
A guide for relevant person’s representatives

http://www.seap.org.uk/getfile/5517/





Well, you object, so that's the end of that representative.

And given that your mother lacks capacity, citing a court case involving someone who had full capacity doesn't seem particularly relevant.

Given the unanimous agreement elsewhere that the care home is the best place for your mother, it will be astonishing if the advocate manages to overturn the present arrangement. Do update us on how this progresses, won't you?
Yes I most certainly will, I've had some very supportive messages here so I'll report back once I've heard back from the advocacy organisation. thank you so much :)
 

lori107

Registered User
Nov 4, 2014
45
Same problem as you think re court of protection

Yes I most certainly will, I've had some very supportive messages here so I'll report back once I've heard back from the advocacy organisation. thank you so much :)
Hi,

I have just been reading your post and it sounds very much like the situation we find ourselves in.
My fil has dementia and is blind. He has been in a care home since falling in his flat and breaking his hip last October. AT first he was in there for respite care but he never got any stronger and declined mentally. The only thing he has been clear on is returning to his flat but he has no concept of his conditions, he doesn't believe he needs any help apart from someone to take him shopping and thinks he can walk anywhere and meet people. He is in a continuous state of confusion and agitation, you cannot have a clear conversation with him and he thinks he is living in the 1990s.
Every Dols report and assessments say he needs 24 HR care and needs to be in the care home. the best interest meeting held previously said he needed to be in the care home. we had tried carers 3 times daily before he fell over and he still couldn't cope.he was crying down the phone because he was lonely. He couldn't turn the channel over or change the volume on the tv or radio. HE is well looked after in the care home. He has started sundowning and pacing through the night and has just been prescribed Metazapine to calm him down. However, we are being taken to the court of protection as he keeps asking to go home every day. the dols assessor said he agrees he's in the right place but a solicitor has been provided and an IMCA to represent his case into going back home. HUBBY has poa for both health and finances, fil has been deemed to not have capacity to make decisions and psychiatrist said a dols should be in place for a year. Why is this going to the court of protection and ss spending all this money on a solicitor we do not know. Hubby was told he couldn't be his representative as he believes he should be in the care home. WE need to rent out his flat soonbut until this goes to the cop we are in limbo. what good is this going to do? WILL the solicitor put forward all the dols assessments saying he lacks capacity, we are at a loss as fil gave hubby poa to make these kinds of decisions and now it has to dragged through the Court at a huge cost to the taxpayer.
We wondered what has happened regarding your cop , has it gone through yet and if so did you get the result you wanted. Dols assessor said he pretty sure the evidence is heavily weighted on fil needing to be in a care environment but what happens if they say he can go home, he thinks he can go out and about on his mobility scooter when in fact he can't even cross the road safely.
Kind regards Lori