Husband now Ready for care home

Discussion in 'Middle - later stages of dementia' started by spinny, Jan 25, 2017.

  1. spinny

    spinny Registered User

    Jan 25, 2017
    2
    Hi I am spinny first time on here I am looking for clarification of a LPOA problem
    My sister has cared for her husband who has dementia now for seven years , three years ago her husband,s daughter and my sister had a LPOA drawn up , now it's time for him to go into care found very nice care home ,had CPN round today to have him assessed but it's seems to have blown up in her face even though she has done everything she needed to do he has been in in respite before ,
    What she was told is because the Heath and welfare did not sign the LPOA he cannot go into a care home because he is has not got the capacity to agree and thier signatures must be on it
    Everything is all set for him to move into care home next week
    Why did her solicitor not mention this the CPN said it had been law since 2005
    I need clarification on this matter has anyone come up against this problem ,if she has the funds for a care home why can't he go it's impossible for her to look after him anymore
    Thank you for your help
     
  2. PeggySmith

    PeggySmith Registered User

    Apr 16, 2012
    1,683
    BANES
    #2 PeggySmith, Jan 25, 2017
    Last edited: Jan 25, 2017
    I'm baffled by this. We didn't even have health & welfare POA when MIL went into nursing home. She definitely didn't have capacity by then.
     
  3. Beate

    Beate Registered User

    May 21, 2014
    11,781
    Female
    London
    That sounds like total horse hockey to me. If he's self-funding, all a care home usually cares about is that the bills get paid. If Social Services are involved, a best interest decision is usually made that someone needs to go into a home. A care home is usually the most expensive option for them so they make that decision only when There is no other option. So I really cannot see why a missing health LPA would be a hindrance at that stage, and also why a CPN would have a say in that? Once in a home he'll be subject to a DOLS order anyway to make sure he can be lawfully held there.
     
  4. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,303
    Yorkshire
    hello spinny
    welcome to TP
    I too am baffled by what your sister has been told - it just doesn't seem to make sense with what a POA is and how it's set up
    I'm tempted to say just go ahead with moving her husband into the home she has chosen and let everyone else play catch-up
    or are you saying that the home are now refusing to take her husband?
    suggest to her that she call the AS helpline tomorrow to get some advice
    as you say, he was accepted for respite ...
    best wishes
     
  5. spinny

    spinny Registered User

    Jan 25, 2017
    2
    Thank you for your replies my sister was told the care home will not take her husband because she does not have this LPA for welfare and health , so the CPN are getting the social services involved nothing she can do but wait the places in these care homes are very hard to get and very expensive
    I have sent her the phone numbers for her to ring thank you for that
    Will let you all know the outcome let's hope it's not to long my sister is a wreck think heading for a breakdown she can't care for him anymore there is only so much the body can take
    Thank you again
     
  6. Babymare01

    Babymare01 Registered User

    Apr 22, 2015
    308
    Hello there - I to am baffled by this. We had no DOA in order but the family decided the time had come for mum for her best interests. She was self funding then but now she isn't.

    Hugs xxx
     
  7. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,303
    Yorkshire
    hello spinny
    I am just wondering ... might this be an excuse so that the care home can refuse your sister's husband? - not sure why they would hide behind this, so I'm probably being far too suspicious/cynical
    does your sister have a list of other homes she felt were suitable? did she put her husband's name down on any waiting lists?
    maybe she or you could contact other homes and check with them - I appreciate that your sister chose that home with good reasons, just concerned at how long it may take to organise her husband's placement
    If your sister doesn't have the POA for health & welfare, and her husband is deemed to lack capacity to agree to moving, it can be a bit trickier to arrange a move; hopefully the CPN will make the necessary arrangements quickly
    unfortunately not all solicitors are as up to date on POAs as we might hope, and looks like your sister's didn't think to mention to her that there are 2 types - it seemed from your initial post that the home were querying her POA, rather than she doesn't hold th one for H&W
    best wishes
     

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