Mental incapacity application

[SMBeach]

So. I have had Power of Attorney for dad for quite some time. I’ve used it throughout the years prior to care home admission.
The care home tell me they have applied for ———— (I forget the official name) but basically for the right to make decisions on behalf of dad.

The care home said that although I have power of attorney, that dad really should be making his own decisions whilst he hasn’t got this incapacity certificate. They told me the gp would go to dad to assess but probably won’t contact me.

I’m a little confused. Does this mean the care home can over ride me? I don’t want anyone making decisions for dad other than me as his daughter and the person he trust and chose as power of attorney.

Can anyone clarify please?

 

[Kevinl]

Hello and welcome first of all.
Is what you mean a Deprivation of Liberty Safeguarding Order, DoLSO for short often called a dols, or sectioning is an alternative.
Power of attorney, health and welfare or power of attorney legal an financial are different things.
Some legal framework to detain someone has to be in place, be it the police arrest you or whatever with healthcare same thing applies, a Deprivation of Liberty Safeguarding Order protects the person or the wider society from harm.
Hope that helps. K

 

[canary]

That sounds very odd @SMBeach
Im confused too

 

[nitram]

Probably a DoLS (deprivation of liberty Safeguarding)
Gives the care home specific powers to deprive his liberty eg going outside unescorted.

 

[SMBeach]

I have power of attorney for health and finance. Everything basically. It’s in Scotland. I’d need to check the info I have in an email to remind myself what it’s called but it wasnt Dols. I’ll look it up.

 

[SMBeach]

It’s a Section 47 Mental Incapacity https://www.gov.scot/publications/section-47-certificate/

 

[nitram]

It’s a Section 47 Mental Incapacity https://www.gov.scot/publications/section-47-certificate/

Scottish version of DoLS

 

[canary]

Ah, if it a DoLS, or equivalent, then its nothing to worry about.
The powers it confers to the care home are limited and are mostly used to keep them safe eg by not allowing them to go outside unaccompanied. It is pretty standard in care homes that are caring for people with dementia. It doesnt overrule your POA unless you want to do something that is unsafe like allowing them outside.

 

[Kevinl]

Scottish laws are different, so it matters where the person being carered for is sometimes.
England and Wales are broadly similar Northern Ireland too, however they do differ.
Don't need an address and postcode or anything but the nation of the uk do have different rules.
And it's about where they reside not you. K

 

[SMBeach]

I’ve read the 4 page guidance notes but think I need to read it more carefully. I know the care home asked me if I was happy for dad to have the covid vaccine. So perhaps it’s needed because the vaccine is about to be given.

 

[Louise7]

Yes, it may well be needed for the Covid vaccination as they are being rolled out to care homes at the moment, I signed a consent form at Mum's care home (in England) last week. Based on the link above the Section 47 process is solely related to non-emergency health decisions, it doesn't look Dols related to me.

 

[SMBeach]

Thanks everyone. He’s having read it more it does seem a short term thing to cover vaccinations etc. and medical/health treatment. Although I don’t know what they’d do if dad refused to have the covid vaccination. I know he won’t. He’s actually a very obliging man but just what would happen if he did say no I don’t want it. 🤷🏻‍♀️

 

[silkiest]

Hi @SMBeach, if your dad refused vaccinations or other treatment the medical staff cannot force it. Conversely medical staff do not legally need any consent from the care home or relatives to give treatment as it is part of their legal duty to act in the patients best interest. Despite discussing things with us hospital staff have never asked my permission for any medical treatment for all three of my loved ones with capacity issues and neither were they interested in seeing power of attorney. The specialist looking after MIL made a point of telling us that she would be acting in MIL's best interests regarding her cancer treatment and would make the final decisions. This has never felt inappropriate as she has still discussed ongoing care and treatment with us regularly.