When assessment is done will I be allowed to be present to hear what is said? Will I be asked anything? Can I challenge a decision?
Mental capacity assesment
- Thread starter yorkie46
- Start date
Hi Yorkie. I'm sorry to see you haven't had any replies. None of the family were present for my aunt's assessment - but it was done by the independent social worker we'd chosen. So not sure of the answer. Hope someone with more experience is along to advise soon.
Hi @yorkie46, before the nurse did the initial assessment my husband was asked if it was ok for them to speak to me. I was sent a questionnaire, and was also present at the beginning of the assessment.
My husband then had an MRI and I was asked to attend with him when he saw the psychiatrist.
I have been present at all subsequent appointments with the Neurologist, I also attended his first session of neuropsychology tests.
They have always been open with me. I am in Sussex, obviously don’t know if it’s the case elsewhere.
It somewhat depends on the circumstances and why the assessment is being done @yorkie46 . To illustrate, when my wife was assessed by her GP and again at the Memory Clinic (pre-diagnosis) I was present. The outcome from the Clinic (including the diagnosis) was sent to her GP with a copy to my wife at our home address , as she was still living there at the time). I was already handling all her correspondence so this was effectively a way of informing me of the outcome.
Later, when she was assessed for Deprivation of Liberty Safeguarding purposes (respite care then permanent care home), I wasn't present at any of the interviews (by a doctor and best interests assessor). I was consulted by the best interests assessor. and my views were taken into account. As I agreed to act as her Representative I was also sent a copy of the assessments made.
It is worth saying that I hold Lasting Power of Attorney for Health and Welfare. This and my wife's willingness for me to be present at her GP and Memory Clinic interviews made things easier. I didn't have any reason to challenge anything but would have been able to do so if necessary.
Later, when she was assessed for Deprivation of Liberty Safeguarding purposes (respite care then permanent care home), I wasn't present at any of the interviews (by a doctor and best interests assessor). I was consulted by the best interests assessor. and my views were taken into account. As I agreed to act as her Representative I was also sent a copy of the assessments made.
It is worth saying that I hold Lasting Power of Attorney for Health and Welfare. This and my wife's willingness for me to be present at her GP and Memory Clinic interviews made things easier. I didn't have any reason to challenge anything but would have been able to do so if necessary.
I was present at all meetings that were organised for my husband including three Deprivation of Liberty Safeguarding meetings.
Thank you all for your replies. Things have changed a little since my original post! The social worker who was going to do the mental capacity assessment phoned me. She said she didn't think it was a good idea to go down that route at the moment because if she assessed him as not having mental capacity what would they do with it. She said as I hold power of attorney I have the power to make decisions about what is best for him. She said she would like to visit us both to have a frank conversation about his care needs, how they can best be met and how they impact me. She suggested possible options to me, befriender, sitter, carer, day centre or care home. She said she would like him to agree to one of the options voluntarily because that would make it much easier. If he refuses everything the decision will rest with me it seems. She did say if necessary she would make a further visit to do a mental capacity assessment but hopes that won't be necessary. To me it seems they really don't want to do anything but want to push everything back into me and the power of attorney. This document states that cannot be out into a care home unless a doctor states that he is unable to live independently. I therefore assume cannot make this decision unless a doctor is prepared to state this.
I know the last thing my husband wants is to go into a care home and in an ideal world I wouldn't want this either. However if he won't accept any of the other options I fear this will soon be the only option. I spoke to admiral nurse about it and she agreed I can't drag him kicking and screaming into care. I'm sure he probably doesn't understand about the power of attorney and I would really prefer not to use it. It is registered but I have never had occasion to use it yet though it's almost the first thing professionals ask about!
The current situation is that his mobility is very poor and getting worse, he walks with a frame. He is no longer safe to access the shower, he sometimes doesn't get to the toilet in time, he spends all his day sitting watching tv and sleeping. He is unable to get outside because of his poor mobility and the way out outside space is laid out. He cannot get down our steep drive so I can't get him to the car. He doesn't understand all this and sometimes talks about me taking him out somewhere. I don't feel able to leave him for much more than an hour at a time. If I go out I put his call alarm on but he sometimes takes it off. He often thinks We are somewhere else, not in our own home. I feel his quality of life is poor and would probably be better in a good care home.
I hope someone canker me know their thoughts on all of this!
I know the last thing my husband wants is to go into a care home and in an ideal world I wouldn't want this either. However if he won't accept any of the other options I fear this will soon be the only option. I spoke to admiral nurse about it and she agreed I can't drag him kicking and screaming into care. I'm sure he probably doesn't understand about the power of attorney and I would really prefer not to use it. It is registered but I have never had occasion to use it yet though it's almost the first thing professionals ask about!
The current situation is that his mobility is very poor and getting worse, he walks with a frame. He is no longer safe to access the shower, he sometimes doesn't get to the toilet in time, he spends all his day sitting watching tv and sleeping. He is unable to get outside because of his poor mobility and the way out outside space is laid out. He cannot get down our steep drive so I can't get him to the car. He doesn't understand all this and sometimes talks about me taking him out somewhere. I don't feel able to leave him for much more than an hour at a time. If I go out I put his call alarm on but he sometimes takes it off. He often thinks We are somewhere else, not in our own home. I feel his quality of life is poor and would probably be better in a good care home.
I hope someone canker me know their thoughts on all of this!
I wonder if a couple of weeks respite in a care home might be a way forward. Your husband might find he enjoys it, if the set up allows him to get out easily in a garden for instance or there are activities on he enjoys. It would give you a breathing space to think about the other options such as more care at home. You could sell it as a mini holiday for him or something the doctor says would be good for him.
Hi! I have the same problem with dad. The doctor says he has” fluctuating capacity “. So I cannot support dad into a care home. I managed to get him into a care home for a month nearly 19 months ago. He wasn’t so bad then. Now he cannot walk . He struggles to assist himself with lifting his drinks and food. He has no overnight care and is sometimes incontinent overnight. A nice surprise for the carers. He has carers 4 x a day. I have just finished looking after him full time in June.Dad sleeps a lot now too. I’m not sure if you have carers in but if not it might been an idea. I gave up as I could no longer cope so I understand where you are coming from..
Thanks for the suggestions. My husband is hopefully going into a care home for respite in September for two weeks. He's not keen to go but when he remembers he has accepted that I need a break to go to York to see my family. It's also to scatter mums ashes, she died in January but I couldn't go to funeral. I've tried suggesting it's a holiday for him but he says it won't be. It's costing me an arm and a leg because I knew the only way is get him to agree was to say is pay for a place we used to go to memory cafes several years ago. He has some memory of it, he knows it's nice and it is rated outstanding. I'm sure if he lets himself he will probably enjoy it , the difficulty is it couldn't be a permanent placement as far too expensive!
I say hopefully because I've been informed that they do an assessment within three weeks of him going in. At that point they could say they can't meet his needs depending on whether he has deteriorated significantly by then. Makes it impossible to plan or to prepare him. I'm hoping to take him to visit in August depending on covid situation.
I don't have carers at the moment. I have tried a couple of times but it never worked out. They were supposed to come to get him up etc but he would try to get up before they came so he was dressed by the time they arrived. Either that or he would do the bare minimum with them then when they'd gone say he needed to shave so I had to deal with that. He didn't want them waiting around while he did it! It became just a waste of time. The bottom line is he has always said he doesn't want anyone to care for him except me!
I say hopefully because I've been informed that they do an assessment within three weeks of him going in. At that point they could say they can't meet his needs depending on whether he has deteriorated significantly by then. Makes it impossible to plan or to prepare him. I'm hoping to take him to visit in August depending on covid situation.
I don't have carers at the moment. I have tried a couple of times but it never worked out. They were supposed to come to get him up etc but he would try to get up before they came so he was dressed by the time they arrived. Either that or he would do the bare minimum with them then when they'd gone say he needed to shave so I had to deal with that. He didn't want them waiting around while he did it! It became just a waste of time. The bottom line is he has always said he doesn't want anyone to care for him except me!
I’m curious about the respite situation as I am led to understand that here in Scotland care homes have to have new admissions isolate for 14 days. I am very keen to organise respite for my partner but wouldn’t under those conditions. Can anyone clarify what the rules are? I am entitled to 28 days free respite a year but would happily pay for a couple of weeks if it were possible.
Hi @Bettysue , I was told by the admissions manager that my husband would need to test before he goes in so that he doesn't need to isolate. However I don't know whether the easing of the restrictions in England will make any difference to this. I also don't know how I will get him tested as he is housebound!
You can order free lateral flow test kits
Order COVID-19 rapid lateral flow tests
You can no longer order free PCR tests from the NHS.
or collect them from a participating pharmacy
Find where to get rapid lateral flow tests - NHS
Unlike having the test done at a test site
Who can get a free COVID-19 rapid lateral flow test
Find out who can get a free COVID-19 rapid lateral flow test.
www.gov.uk
Have a word with the admissions manager.
i had the normal test sent to me and posted it back just order one online or from 119 and they will ask the questions. its very simple although the box you post it back with is baffling the first time i did it.
