I need advice on Capacity and possible eviction from Care Home

Tonto

New member
Feb 13, 2024
1
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Hi, I have never posted on a forum before but I really need some advice.



My Mom was diagnosed with vascular dementia 3 years ago whilst in hospital suffering from severe depression and an anxiety disorder. After a 7 month stay in hospital she came home with a care package. Carers in 3 times a day, and her sister, who lives over the road, doing the food. After 18 months her sister had effectively become her full time carer and her own health was failing.



My Mom can barely get around the house on a walking frame. She can just about get herself to the toilet and back but cannot even get herself a glass of water. She has no short term memory but if you only talk to her for 10 minutes or so she can sound competent.



In December I had my Mom's Mental Health nurse, my Aunt's doctor and Social Services (because the paramedics had complained my Mom keeps calling them out for no reason) all telling me my Mom needs to be in a care home. I knew this already, but my Mom had always refused. Social Services got my Mom to agree this time, and I found a place for her a few days before Christmas. I kept my Mom informed throughout the process and she agreed up until I and my partner drove the 200 miles to take her to the Care Home. Amazingly, on the admission day, she agreed to go in. As I have Power of Attorney, I signed the Care Home documentation.



From then on she has screamed about going home constantly. She has tried to bribe staff and visitors to get her home. A few weeks ago the care home got my Mom assessed for a 'Deprivation of Liberty' order. They assessed her as having capacity and therefore was being held in the care home against her will. I was initially informed that a Social Worker would be assigned and a meeting would be arranged to check she would be safe at home, which she isn't, and to find a way forward. The Care Home have been unable to get Social Services to come forward, they suspect it is because my Mom is self funding. The Care Home are now considering serving my Mom notice of eviction.



I can't take my Mom home, because her sister is now too ill to be her carer, care at home was not working, my Mom will not accept 24 hour care and even if she did, I wouldn't be able to sell the house to pay for care if she's still in it. I can't leave her in the care home because currently they are breaking the law by holding her against her will. I don't know where to turn.



I currently feel like giving my Mom what she wants, carers in 3 times a day, giving her a cheque book, relinquishing Power of Attorney and walking away. However, my Mom will not cope at all and everything will fall back onto my Aunt.



Any advice would be appreciated.
 

Grannie G

Volunteer Moderator
Apr 3, 2006
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Kent
Welcome to the forum @Tonto

I don`t have an answer for you, it all sounds so complicated.

All I know is whether your mother is self funding or not, you cannot be held responsible for her care and if she was allowed home with carers she would be at risk.

The consideration is with what may be considered an excellent care package, how many hours out of 24 would your mum be left alone.

The support line may be able to give you some more accurate information.

 
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Weasell

Registered User
Oct 21, 2019
1,778
0
I am sure I can’t offer better advice than the support line, but I would be contacting Adult safeguarding.
I would say a vulnerable adult was going to return home, due to a flawed capacity test, and would be in immediate danger.
I would make sure I took the name of every person I spoke to and I would make sure they realised I was writing it down.
 
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Weasell

Registered User
Oct 21, 2019
1,778
0
I am sure I can’t offer better advice than the support line, but I would be contacting Adult safeguarding.
I would say a vulnerable adult was going to return home, due to a flawed capacity test, and would be in immediate danger.
I would make sure I took the name of every person I spoke to and I would make sure they realised I was writing it down.
Also put host hostess syndrome into the search bar at the top of the page and make yourself familiar with it.
 

canary

Registered User
Feb 25, 2014
25,048
0
South coast
I agree with weasell - it sounds like the capacity test was flawed
Is is possible to appeal against the decision of the DoLS assessor?
I wonder whether getting in a private Social Worker might help? I know you would have to pay, but they may be able to resolve this.
 

Jaded'n'faded

Registered User
Jan 23, 2019
5,286
0
High Peak
I am sure I can’t offer better advice than the support line, but I would be contacting Adult safeguarding.
I would say a vulnerable adult was going to return home, due to a flawed capacity test, and would be in immediate danger.
I would make sure I took the name of every person I spoke to and I would make sure they realised I was writing it down.
I agree. You need to find a way to challenge the capacity decision.

I had similar issues with my (self funding) mother when I moved her to a CH following a stay in hospital. They kept telling me mum would be fine in 'a little flat' with carers coming in. Mum was undiagnosed and would not have tolerated carers but following the bump on the head that landed her in hospital, she'd completely lost it and couldn't possibly have lived alone. I had to put my foot down with the DoLS social worker and threaten to walk away.

In the end, a temporary DoLS was granted, pending diagnosis which happened a few months later and it all got sorted.

The important thing to stress with the SW is that your mum has no understanding of her own care needs. Ask the SW what care your mum says she needs help with. The answer will be that she doesn't think she needs any help, which proves the point.

Stand your ground!