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Mental Capacity Act...Moving between temporary to permanent LA contract.

Discussion in 'Legal and financial issues' started by Pete R, Feb 25, 2015.

  1. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Mom, with Vas D, is currently in a Nursing Home on a temporary LA contract. She is about to go onto a permanent contract.

    I have both LPA's and have been acting on her behalf since Easter. The SW knows this.

    SW today said that Mom will have to have a MCA assessment to see if she understands the difference between the two contracts.

    Can anyone explain why?
     
  2. Wirralson

    Wirralson Account Closed

    May 30, 2012
    658
    ]

    The short asnwer is no, I can't see why. However...

    The Mental capacity Act 2005 and its associated code of practice do require that the parson concerned (you mother) does have a right to be informed of decisions affecting her and should be involved in such decisions. In order to do this in any meaningfull way it would be necessary to establish whether she was capable of understanding the decision being taken as a prelude to any discussion overf the change itself. I think this will be where the SW is coming from.

    W
     
  3. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    Thanks for the reply. I have asked the SW for a clear explanation of WHY Mom needs to know about a contract change. She doesn't even know she is on one.:(
     

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