Deprivation of Liberty, LPA and proper communication

Discussion in 'I care for a person with dementia' started by Benrese, May 8, 2015.

  1. Benrese

    Benrese Registered User

    Apr 12, 2014
    186
    Lancashire
    Hello to all,

    I've made sure to first do my homework and search this site for all things "Deprivation of Liberty" before I made this post. I found some brilliant posts and as always, was impressed by the support this board offers, and those who are kind enough to share their experiences.

    Here is our situation:

    1. Dad is in CH since last year
    2. He has Parkinson's with Dementia and has 24/7 care approved NHS
    3. Husband and Sister have LPA for Dad, Health & Welfare-since before Dad was admitted to CH
    4. Dad has, on occassion, been coming home for a day trip to sister's home
    5. Sister is looking into having Dad come live with her. She is following all guidelines in ensuring home is properly set up before she proceeds
    6. Dad has troble when they take him into the communal lounge area. He is very quiet and gets very upset when others are shouting. He generally will ask to go to his room and ask why he is being put with "these people, as he has not comimitted any crimes" (bless)
    7. After both husband and sister asked CH to only take him into lounge when absolutely needed, he prefers his room or the garden room which is quiet. CH kept moving him to lounge, especially when understaffed. As he has 24/7 nursing-the would put him in Lounge and allow his nurse to circulate among other patients
    8. Husband and Sister had a meeting with Social worker and head nurse at CH to confirm if this was acceptable. Social Worker confirmed he can be in his room and not have to go to lounge, unless he really wanted to
    9. Our Mum, Dad's ex-wife, has been visiting Dad almost daily. She is elderly and quite naive. Dad's wife died (step-mum) last year. I have previous posts about that horribly sad and distressing time.
    10. Mum wants her and Dad to be remarried. (I know, I know!). Dad is often agreeing to this, but because he has Dementia, we have told Mum she must go through our solicitor as we don't know if that is even legal and would not want to put Dad in a questionable position
    11. We received a call today from CH telling us "Please call this number. We are seeking Deprivation of Liberty for your father. They would not tell us why, only to call Social Worker
    12. Social worker didn't know why and was quite bothered by the lack of knowledge

    As I understand it, the CH must tell us why they are seeking this. But my question is, can they go ahead with this without informing the LPAs of why? Haven't they skipped a step?

    I've located a post regarding DoL and LPA and see that, although the CH are acting like they have some rights to proceed, they may not legally be able to accomplish this.

    Another question, can the DoL usurp undo or modify the existing LPA?

    In the meantime, we have contacted Dad's solicitor to learn more about rights and so-on.

    We have a strange feeling that the CH is being unduly hostile and oppositional in their approach and we cannot help but feel their is some negative feelings regarding us having brought in Dad's social worker regarding him going into the lounge.

    Any insight or knowledge of proper process would be incredibly helpful, as we have been blindsided by this call, and STILL don't even know why they are doing this.

    As always, many-many thanks to you!!

    Cheers,
     
  2. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Hi Benrese,

    If I have read your post correctly I do think you are worrying yourself unnecessarily.:)

    DoLs is explained in this link......
    http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=1327

    This thread explains it quite well. It has nothing to do with taking away the power of the LPA holder or that the CH have any extra power it really just them making sure they are not abusing their powers when restricting the movement of your Dad around the home.

    http://forum.alzheimers.org.uk/showthread.php?82309-Deprivation-of-liberty

    I am surprised the SW wasn't more informed on the subject. :rolleyes: Although maybe I am not.;)
     
  3. Benrese

    Benrese Registered User

    Apr 12, 2014
    186
    Lancashire
    Hiya Pete,

    Thanks for helping put my mind at ease. I will continue to study up on what is happening for Dad. It surely would have been a much better idea to share with the family why they are trying to obtain DoL in the first place!

    Hope you have a lovely weekend!

     
  4. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    I will thanks. I suppose CH's assume we should know all this and everything else that is to them just the norm.

    I do hope you and your family rest easy over this.:)
     

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