Dementia and violence

Discussion in 'Legal and financial issues' started by Calv78, Oct 18, 2015.

  1. Calv78

    Calv78 Registered User

    Oct 18, 2015
    1
    Hi all. I'm hopeful of some advice and reassurance about some issues we are experiencing related to my father who has Alzeihmers. He has been in a dementia specialist care home for around a year, but over the last month has started to become more aggressive. This has recently led to him being violent to some of the care workers and also damaging some property. We are currently working through the process of psychiatric assessments and the possibility of him being sectioned, which obviously isn't a pleasent time, but frustratingly, during our discussions with the care home, they have also decided now is the time to tell us that they will be sending a bill for the damaged property and also that one of the care workers was seeking third party advice (presumably legal advice?) about the episode of violence against them. We are focused on the psychiatric assessment at the moment so I didn't want to question the manager on these other statements at the moment. On reflection I don't think either suggestion is reasonable (should the damaged property be covered under the homes insurance? Aren't the home legally responsible for safeguarding the workers and residents in their care?) but I would be grateful of anyone else's views and opinions before I discuss it further with the manager later this week after the psychiatric assessment has been completed?
     
  2. Cat27

    Cat27 Volunteer Moderator

    Feb 27, 2015
    9,765
    Merseyside
    Welcome to TP :)

    This is just my opinion but surely the home's insurances should cover both.
     
  3. Juliem61

    Juliem61 Registered User

    Oct 13, 2015
    23
    Hi Calv,
    I'm sorry I can't offer you any legal advice but it doesn't sound reasonable to me that a specialist dementia care home can hold you responsible for what is essentially a symptom of the disease that they specialise in catering for.

    My dad also has agitation sometimes resulting in violent outbursts. He has not been in a care home, so far, and was recently sectioned, from home, to undergo an assessment. I know it's a very scary time but, from my own personal experience, once it happens it is a massive relief. Dad is now safe, less scared and anxious and cared for by the most professional and empathetic staff anyone could wish for. His medication has been changed and he is now so much more comfortable and less persecuted.

    I hope that you are able to sort out the problems with the care home but I also want to reassure you that being sectioned is not something to be wary of and may help your dad immensely.

    Best wishes.
     
  4. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,963
    North East England
    Hi, The only person who "could" be held responsible for the damage and the assault is an elderly gentleman who has diminished capacity:eek:..... No case to answer, in my opinion.

    The CH's insurance will be liable to a claim for both the damage, and any possibly 3rd party injury.
    At no point should you offer any renumeration without consulting a solicitor.

    As this is a specialist care home, I presume they have contacted your father's GP to test for any UTI or similar, and to consider whether a tweak of any medication might help settle his agitation.
    If Dad has a Social Worker, ring them in the morning and appraise them of the situation.
     
  5. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    12,237
    Female
    England
    My husband is in a home for challenging behaviour with dementia. Staff are always being pinched, hit and kicked, sometimes being badly marked even having to go to hospital. I have no idea if the Company who own the home pay any compensation but relatives are not asked to do so. The staff are all aware of what they face.

    When my husband first entered the nursing home on a weekly basis he caused a flood in his en-suite. It is a wet room so the leaking water went down the drain so no water damage, thank goodness. He had spent 67 years turning hot and cold taps to draw water, the ones in the home had to be pressed. He had lost reasoning that turning was not working so push down so he forced the taps and fractured the pipe work. I asked that the taps were disconnected as he could use the wash basin in the communal shower rooms and his shower in his own room still worked. He must broken the taps at least a dozen times. They kept repairing them, he kept breaking them. I was never once charged for the damage he did. Had he not had dementia he would not have done it.

    I am not sure if this has been discussed on here before so have no idea if anyone else has come across the priblem you may have.
     
  6. Mrsbusy

    Mrsbusy Registered User

    Aug 15, 2015
    356
    I too would presume there is no case to answer, but some household insurance policies include legal cover. Check to see if you have, even some union members get free legal advice, so if you are concerned and want to know where you stand legally you maybe covered by insurance policy.

    Hopefully they are just calling your bluff.
     

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