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Missing paperwork

LJC10

New member
May 21, 2022
3
0
Good afternoon everyone,

I’m seeking some advice, my mother in law has been in a care home since December 2018 after a fall at home. We had previous concerns about dementia previous to the fall however a lot was hidden from us. Originally she was discharged from the hospital to a care home in a hub bed. This then turned into a full nursing bed.
My Father in law has recently passed away so my husband is now applying for deputyship. The courts have asked for two documents best interests meeting notes and standard of authorisation from the dols team. After weeks of chasing it has come to light that she never had these documents. They said it’s because covid but she was in the home 15 months before Covid.
Has this happened before to anyone?
It makes matters worse the council are chasing for money but we can’t get the deputyship without the paper work they haven’t done.

Any advice or what to do? Do we have grounds to complain.

Thank you for taking the time to read this
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
You don't necessarily need a best interests meeting for someone to enter a care home. If they have capacity to choose they can just book in as if a hotel. Did she choose to go in of her own accord at her own expense? If so surely the Court would accept that. They might want evidence that she has lost capacity for some decisions since moving in there.

I get very annoyed by unnecessary bureaucracy. The Probate Office insisted on a form signed by my dad's GP to say he was unable to be an executor. Added a month to it all and wasted the GP's time that should have been used for treating patients.

A "Standard Authorisation" is issued by the council to deny the person the right to leave. Is one in place? It isn't always.
 

LJC10

New member
May 21, 2022
3
0
You don't necessarily need a best interests meeting for someone to enter a care home. If they have capacity to choose they can just book in as if a hotel. Did she choose to go in of her own accord at her own expense? If so surely the Court would accept that. They might want evidence that she has lost capacity for some decisions since moving in there.

I get very annoyed by unnecessary bureaucracy. The Probate Office insisted on a form signed by my dad's GP to say he was unable to be an executor. Added a month to it all and wasted the GP's time that should have been used for treating patients.
Hi Martin thank you for replying.

She didn’t have the capacity at the time to choose to go into a home. She met once with a social worker and said she wanted to go home. We then did a house visit and was starting to make plans for her to return. Then we had a CHC assessment to see if she qualified for help and the care home rep stated she is needing 24 hour care at the moment. We then had a phone call to say we feel it’s best she stays in the home and she will have to self fund they then said goodbye and handed us over to the carehome.
I hope I’m making sense, I get the feeling they knew we didn’t have a clue what we was doing at the time. This week we’ve had a phone call from the carehome saying a dr and psychologist has been to see her and a call from the best interests team. It’s the carehome who have confirmed with us she never had one done in the first place.
 

LJC10

New member
May 21, 2022
3
0
She may not be subject to a DoLs. Not every care home resident is.
We was told This but the courts are adamant they want this paper work and won’t process the deputyship without it. She was unable to make the decision herself to go into a home so there adamant she should have one? It’s so very confusing
You don't necessarily need a best interests meeting for someone to enter a care home. If they have capacity to choose they can just book in as if a hotel. Did she choose to go in of her own accord at her own expense? If so surely the Court would accept that. They might want evidence that she has lost capacity for some decisions since moving in there.

I get very annoyed by unnecessary bureaucracy. The Probate Office insisted on a form signed by my dad's GP to say he was unable to be an executor. Added a month to it all and wasted the GP's time that should have been used for treating patients.

A "Standard Authorisation" is issued by the council to deny the person the right to leave. Is one in place? It isn't always.
sorry I missed the bottom bit. A standard of Authorisation isn’t in place. We were told she would need to be in a care home for the rest of her life or somewhere we’re she could have 24 hour care available at all times. But when I called and asked for the document they said she hasn’t got one yet she’s on the list but there’s a huge backlog
 

MartinWL

Registered User
Jun 12, 2020
2,029
0
65
London
Let me try to summarise where we are so far:
- She didn't have capacity to decide for herself to go into the home
- She did not have an attorney
- Social Services and family agreed informally that she should go into the home against her wishes
- No best interests meeting has ever taken place
- There are no Denial of Liberty Safeguards in place ( Standard Authorisation)

If I have all this right then having a best interests meeting now is probably best even though it is a waste of everyone's time, at least the Court will be able to box-tick.
Unless she is likely to wander off alone there's no need for DoLS. My mother never had a DoLS order, there was no need.
 

canary

Registered User
Feb 25, 2014
18,416
0
South coast
I applied for deputyship when mum first moved into her care home, but I was never asked for paperwork pertaining to the best interest meeting and DoLS (although there had been both).
I wonder whether it is to do with providing evidence of loss of capacity? My mums SW filled in the form saying she no longer had capacity, but quite often it can be difficult to get professionals to fill it in.